What happens of I’m the sole signer of a mortgage note but my ex-wife is the only name on the deed?

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What happens of I’m the sole signer of a mortgage note but my ex-wife is the only name on the deed?

Who is responsible for damage to the property (e.g. burglary, fire, water damage, etc.) or if someone gets hurt (e.g.the maillman trips, etc.)?

Asked on September 28, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the person or persons who are on the recorded deed of record are legally responsible for any injuries that someone may receive at the property in question and are responsible for making needed repairs regardless of the fact if they are not obligated on the mortgage.

In your matter, your "ex" would be responsible for maintaining the home you are writing about and would be liable to anyone injured on it, not you.


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