Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.
Q: I was told by my divorce lawyer that whoever gets the house gets all costs related to the property. I am disabled and I get spousal support and SSI. Was this right or not? From what I was reading online it sounds like since I was unable to work, I could have stayed there all of this time instead of struggling to pay my rent and debts related to our marriage
A: Technically, since your ex signed the mortgage and you did not, he is liable for the mortgage, not you. The divorce has nothing to do with liability for the mortgage. So, it is true that so far as the mortgage company is concerned, you would owe nothing regardless of whether or not you stayed there. But if you stayed there, then your ex may have a viable argument that you should pay the expenses. Unless a judge specifically orders that you be given possession
of the house, and that your ex must pay the mortgage, then you would not have been entitled to live there for free. Your ex could have taken this matter back to court and asked the judge to either force you to leave, or force you to pay the mortgage that is in his name. The botXXXXX XXXXXne is that it was probably for the best that you moved out.
Q: From what I read, he could actually transfer the property to me and they could not touch me because I'm not his spouse.
A: No, I'm sorry to say that's not accurate. First, the mortgage company must be paid or they'll foreclose. Second, even if the mortgage is paid, it's possible that creditors have a right to go after the equity in the house (this depends on the dollar amount of equity). The botXXXXX XXXXXne is that it's just not possible to get the house for free. Unfortunately, the divorce cannot change that, and neither can the bankruptcy.
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