What is my responsibility on my VA loan when ex-wife lives on the property?

She received the house in our divorce but she hasn’t made a payment in 5

years. She has appealed the foreclosure to the state supreme court on grounds of discrimination. The loan was in both our names but was guaranteed by the VA

because I’m a disabled vet.

Asked on March 27, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are on the loan, you are responsible for it. She is responsible, too, if she is also on the loan--*everyone* who signed a loan is responsible for it, and the lender may go after either or both of you. The loan is a contract between you (the two of you) and the lender: the lender's rights under the contract and your obligations under it are *not* affected by your divorce or its outcome. The lender was not part of your marriage or your divorce case what happened in your marriage or divorce is irrelevant to your loan obligations.


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