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My name is the only name on our house mortgage..but both my…

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My name is XXXXX XXXXX...
My name is XXXXX XXXXX name on our house mortgage..but both my husband and I are on title to the house. The house had been paid off 9 years ago, but when our business was going under, my husband wanted to save the machinery. I knew I was signing a new loan, to pay off the machinery and that it the loan was against the house, but I was made to think that my husband's name was also on the loan. We are going to divorce now and I am concern about the house payment. He has been paying it all along, but I am afraid that he might not keep paying it. Is it possible to have a court order putting his name on the loan.
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/10/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - You can get an order from the divorce court making him responsible for the mortgage but it will not affect your obligation to the mortgage company since your name will still be on the mortgage. If he fails to pay pursuant to the divorce court order then you would have to file a motion for contempt with the divorce court but you would still be liable to the lender.

 

In other words, the divorce court cannot change the terms of the loan agreement between you and the lender but they can order that, as part of the divorce settlement, that your husband be liable for the mortgage.

 

Dave Kennett

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