If ex husband got our house in the divorce in 2013, was I supposed to sign off on the loan at the bank?

Also, if he loses the house or files bank
rupt am I liable for house in any way?

Asked on March 11, 2017 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as your name is on the mortgage note, then you are responsible for it. This is true regardless of what your divorce decree mat state. The fact is that the mortgage lender is not bound by your divorce, your husband is. So if you are held liable you can look to him for any money that you may be out but considering he may file for bankrutcy, that may not be of much help. If he is not currently behind in payments, then you may be able to get the bank to remove your name via something called a "novation". That having been said, they are hard to obtain. At this point, you may want to consult directly with a local attorney.

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