Can an ex-husband be forced to pay on second mortgage after the house is sold?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an ex-husband be forced to pay on second mortgage after the house is sold?
The title of the house is on my name only, as well as the 1st mortgage, 2nd mortgage was taken out to pay off credit card debt (10 k his debt, 10 k mine). So the 2nd mortgage is in both our names. He left 3 years ago and had not paid anything towards the 2nd mortgage bill. I filed bankruptcy 2 years ago, 2nd mortgage was included but I kept it current as I have a lot of equity in the home and didn’t want to lose it to forclosure. I am now going to sell the house an I still owe 18k on the 2nd mortgage. Is there anything I can do to force ex to assume 1/2 of the 2 nd mortgage debt after I sell?
Asked on August 13, 2012 under Family Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When the home is sold the second trust (mortgage) deed as well as the first will be paid off in full as part of the transaction. As such, there will not longer be a second trust deed (mortgage) left on the home for the property's new owner.
If you want the "ex" to be responsible for the $18,000 second mortgage, you need to carefully read the presumed marital dissolution agreement that you have in that the agreement and judgment should determine if the "ex" is responsible on it or not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.