What are my options to save my credit if my name is still on my former marital residence and my husband has defaulted on the payments?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my options to save my credit if my name is still on my former marital residence and my husband has defaulted on the payments?

I am separated from my husband and left our marital home 2 years ago. He agreed to take responsibility of the house and mortgage and has been paying it on time. Recently he moved to India and claims that he is not coming back. Also, the mortgage has not been payed for the last 2 months. He is willing to add an amendment to our divorce case pending in India to take full responsibility for the house. I am very diligent with my finances. I own a house myself for which I have a mortgage and a child to take care of. I am not interested in the marital house. What are my options? How do I save my credit?

Asked on July 28, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you can afford to make the mortgage payments on the house do so to save your credit. You should also get a quitclaim from your husband to you of all interest in the home so that you are solely on legal title if you can service its debt load assuming he is on legal title.

If you can service its debt load and your husband will sign a quitclaim deed to you of the home, record it. You now own it. You can then decide to sell the home or rent it out for cash flow purposes. Get all agreements in writing signed by your husband about the house. If you do not have a famlily law lawyer, you should consult with one now.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption