Who is responsible for the mortgage ?
4 attorney answers
No, you are not responsible unless you signed up to be so, meaning you signed something saying you will be responsible. That said, if you are your husband's beneficiary either by Will or as the "surviving spouse" at the time of his death, you may "inherit" 50% of the house. If that inheritance comes with debt you don't want, you can waive the inheritance. Perhaps it would be a good idea for you and/or your husband to speak directly with an attorney who can analyze the situation for your with specificity and advise you accordingly. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
If by "something happens to my husband" you mean his passing away, his Estate may be responsible for paying the mortgage debt and you as a beneficiary may be entitled to less than you were expecting. This question intersects with estate law and planning.
This answer does not create an attorney-client relationship and is not intended to provide specific legal advice.
The divorce agreement between your husband and ex will govern but, after making certain assumptions that you are not on the note or mortgage and no other agreements regarding this home, if your husband defaults on mortgage, the divorce agreement probably gives the ex certain rights (for example, force a sale, take over payments, etc.) but, as a general rule, you should not be a responsible party.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.