Family Law Questions? Ask a Family Lawyer Online.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Did you trade in the home on the new one after you were married?
And your spouse is on the title to the home along with you, correct?
Are you divorcing?
Ok, legally you are both now owners of the new home and it is considered marital property that would be divided in any divorce. If you don't have any other assets together, and you can trace back what you put into the home, the judge could order the home sold and you receive your contribution off the top and then you split anything left over (assuming it sells for more than what is owed). He could also order that you buy out spouse's interest for whatever half the equity is in the home after subtracting your contribution.
But considering that mobile homes are considered personal property, and they depreciate pretty quickly, you may very well owe more than it is worth and the judge could just order that you are liable for the debt and you keep the home..