What are my rights if my ex-defaults on the mortgage?

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What are my rights if my ex-defaults on the mortgage?

I own a house 50/50 with my ex-husband per our divorce. What rights do I have if he defaults on the loan? He lives in the house, I do not.

Asked on July 31, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You don't have any rights unless your divorce decree or settlement states that if he defaults, you get a larger share of ownership of the home. Otherwise, one owner failing to pay his share of the mortgage does not result in him losing ownership; and if the full mortgage is not paid, the house can be foreclosed on. Unfortuantely, payment of the mortgage is independent from ownership.


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