If I was awardedthe house in our divorce but my name is not on the mortgage, am I still responsible for it?

Divorced 15 months ago. Court awarded me the house since I could afford the mortgage payments; my ex wanted nothing to do with it. Unfortuantely the bank will not refinance or let me assume the loan since the value is less than I owe. No quitclaim deed was ever done. Am I still responsible since it is not in my name?

Asked on March 12, 2012 under Family Law, Illinois


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The mortgage (if still only in your spouse's name) is still your spouse's responsibility but since you were informed by the court in a court order that you are responsible for the mortgage payments, you could be sued for your ex spouse for reimbursement. Ultimately, you need to figure out how to get this refinanced into your name and your name alone. Quitclaim deeds will only handle the title issue, not the note.

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