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Is she obligated to pay the loan?

Posted on: 10th Dec, 2012 11:12 pm
my wife and i refinanced and then she filed for divorce. i stayed in the house and we did a quick dissolution of marriage contract. she took the proceeds of the refinance and is moving out of the country. in the dissolution paperwork it states that we both have one-half interest in property. we both agreed to possibly sell the house or refinance again when market rebounds in a year or so. my question is, is she still obligated for one-half of the mortgage payments. and if so can i use that as a debit to the proceeds in a year or so when we sell the house or refinance?
Hi Guest!

Welcome to forums!

If your wife has refinanced the mortgage and if her name is mentioned on the mortgage docs, then she is liable for the loan payments. If she does not pay, then you can claim them as her debts when you sell off the property and divide the sale proceeds.

Feel free to ask if you've further queries.

Sussane
Posted on: 11th Dec, 2012 12:00 am
Yes, your wife is obligated to make payments if her name is there in the paperworks and legal documents. As for your second question, then yes, you can very well use that as a debit to the proceeds when you're selling off your house. The best idea always is to have things in writing and this is why your wife can't shirk her financial obligations now, even if divorced.
Posted on: 11th Dec, 2012 02:56 am
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