Can an ex-husband be forced to pay on second mortgage after the house is sold?

The title of the house is on my name only, as well as the 1st mortgage, 2nd mortgage was taken out to pay off credit card debt (10 k his debt, 10 k mine). So the 2nd mortgage is in both our names. He left 3 years ago and had not paid anything towards the 2nd mortgage bill. I filed bankruptcy 2 years ago, 2nd mortgage was included but I kept it current as I have a lot of equity in the home and didn’t want to lose it to forclosure. I am now going to sell the house an I still owe 18k on the 2nd mortgage. Is there anything I can do to force ex to assume 1/2 of the 2 nd mortgage debt after I sell?

Asked on August 13, 2012 under Family Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When the home is sold the second trust (mortgage) deed as well as the first will be paid off in full as part of the transaction. As such, there will not longer be a second trust deed (mortgage) left on the home for the property's new owner.

If you want the "ex" to be responsible for the $18,000 second mortgage, you need to carefully read the presumed marital dissolution agreement that you have in that the agreement and judgment should determine if the "ex" is responsible on it or not.


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