Am I responsible for a mortgage that is in my husband’s name?

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Am I responsible for a mortgage that is in my husband’s name?

My husband bought a house in his name 5 years ago. We had been married at the time but I was unemployed and in school then. The loan was and is in his name only. He is leaving me and I am wondering if the bank can come after me to pay the mortgage?

Asked on July 25, 2011 Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the mortgage securing the promissory note for the loan on the house you were living in is not specifically in your name and you did not sign the mortgage, under the terms of the written loan, you most likely would not be responsible for it since the mortgage is solely in your husband's name.

However, if your state of residence is a community property state, you potentially could be responsible for the loan is some aspect because you were married to your husband when the loan was entered into.

Are you one of the owners of record on the deed to the home that the mortgage is recorded upon as security for the loan? If you are, potenially the mortgage company could claim you are responsible for the loan besides you husband.

If your husband is leaving you, you should consider consulting with a family law lawyer about your question and other matters.

Good luck.


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