A court can award possession of the marital home to one party or it can order the house sold and the proceeds to be given to both parties. A court cannot order someone to pay a mortgage or change or alter the financial obligations of either party to third party lenders. If your name is still on the mortgage loan, then you are still legally obligated to the lender for payment of the debt.
Without seeing the terms of your marital settlement agreement, it is impossible to give you a specific answer to your question. Moreover, it is unclear as to the status of the foreclosure proceedings.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
When you signed the Quit Claim Deed, you gave up much of the control over the house that you could have exercised. If you are on the mortgage as a borrower, then you have the obligation to pay the loan, but you have no ownership rights to the house.
Whether an attorney can help you depends on all the facts regarding the words in your Divorce Judgment, and all the surrounding facts of the foreclosure and this case. I recommend you consult with an attorney for detailed legal advice after you give him/her all the facts and the relevant legal documents.
Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.
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