Would I be responsible or liable for the loan that my future husband has with his ex-wife after our marriage?

UPDATED: Sep 6, 2012

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Would I be responsible or liable for the loan that my future husband has with his ex-wife after our marriage?

Can they refinance that house together without my signature or agreement after our marriage?

Asked on September 6, 2012 under Real Estate Law, North Carolina


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

Answered 10 years ago | Contributor

So what I am gathering here is that you and your new husband are living in the home still jointly owned by him and his ex wife, correct?  Or is it that they just still own a house together?  If you are not on the deed or the mortgage then you are not directly responsible for the loan or rather the debt.  And your signature should not be required to refinance should they choose to do so but most lenders would have you sign some kind of affidavit depending regarding your interest in the property.  Sign nothing unless a lawyer looks at it for you.  Now, although you are not legally responsible for the debt, if they default it could effect you if there is a judgement of any kind.  Joint accounts could be attached; tax refunds intercepted. I would speak with an attorney anyway about the situation just for peace of mind.  Good luck. 

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