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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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I live in the state of Oklahoma. My Husband has filed for

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I live in the state of Oklahoma. My Husband has filed for divorce and we are discussing the splitting of assets. We own our home and both my husbans and I are on the deed. Howver, I am not on the note or mortage. My question is, Am I liable for any of the mortgage debt on the house?

You are not liable to the lender directly. But the court could order you to pay the mortgage or refinance the home to fairly split the assets. But if the mortgage was defaulted, it would do nothing to you and your credit. The bank can't come after you personally. But the judge can order you to pay it for a period of time (usually if you stay in the house or neither of you wants the house) and if you don't, your spouse could try to have you held in contempt for refusing to obey the court's orders.

But if you both agree on division of assets and you don't want the house... there is no legal recourse against you for the bank.

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