If I keep paying on my home which is in my name but my wife’s name is on the loan, what are my rights?

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If I keep paying on my home which is in my name but my wife’s name is on the loan, what are my rights?

We are going to be divorced at the end of this month it will be final in the divorce papers it does not specify whether I have to sell or anything about my home because she abandoned to home and told me she doesn’t care about it she will go bankrupt and they will come after me for the money. What I need to know is, months down the road can she get a lawyer and come after me to make me sell that house because her name is still on the loan, even though she abandoned it? I have records of her stating that in a text and on paper.

Asked on March 15, 2018 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So the issue of the house needs to be addressed in the Stipulation of Settlement and if it was not then you need to seek legal help to re-do those divorce papers. You own the house and if she defaults on the loan you will be named in the foreclosure.  If you continue to pay the loan then obviously nothing will happen regarding the bank. You can be forced to sell a house in a divorce depending on the facts and when the request is made.  There are so many vairables here that I strongly suggest you seek a consultation from an attorney in your area and bring ALL the paperwork.  Good luck.  


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