Can I walk away from a house with a mortgage under my ex’s name?

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Can I walk away from a house with a mortgage under my ex’s name?

I currently live in a mobile home that the ex and I got together, she does not live there and said the she does not want any of the responsibility of the house, etc. Since she’ve moved out I’ve been making the payments on the home. I want to know after cleaning out the home and getting my name off the park lease etc and I can walk away from the home because it is in her name. Would their be any backlash on me? What would need to do to legally safeguard myself?

Asked on May 23, 2018 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A mortgage is a contract. Like any other contract, it only binds or obligates the parties to that--that is, the people who agreed to be bound and who are signatories to it. If are not on the mortgage (i.e. did not take it out or sign it), you are not liable for the mortgage: you have no responsibiltiy to the bank/lender to pay a loan you did not take out and did not co-sign or guaranty. So if your ex is the only person on the mortgage, then you can walk away and any consequences (e.g. being sued by the lender for the money; damage to credit rating) will fall on her, not you.


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