Can I get my named removed from a joint debt?
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Can I get my named removed from a joint debt?
I filed for separation over 6 months ago. We have a number of jointly owned rental properties that he quit paying on last year. He has made some
payments but my credit is shot and still behind on payments. He had the
money for payments but chose not to pay for other investments. How can I
force the sale or get my name off the debt? I don’t have any extra money
and just getting by.
Asked on November 5, 2018 under Family Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't get your name off the debts: your obligation to creditors, service providers, etc. is NOT affected by your separation, since those third parties were not party to your marriage or separation; that is, what happens with your marraige has no effect on your obligations or debts.
You can go to court and seek a court order compelling the sale of jointly owned properties; any joint or co-owner can compel the sale of jointly owned real estate. (The legal action to do so is commonly called an action "for partition," though your state may have a different name for it.) The court will order their sale and that the proceeds of the sale be applied first to the costs of the sale and second to any mortgages, HELOCs, liens, or other encumbrances on the property. Any remaining money will be distrirbuted between the owners (you and your husband). Consult with an attorney about his option if you wish to explore it.
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