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Roger, Attorney
Category: Legal
Satisfied Customers: 31688
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband and I divorced but we still own property and a business

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My husband and I divorced but we still own property and a business together I am on the deed but he has taken out a loan on the property without my name on it 2 questions am I responsible for the loan and can i ask for the full amount of half the property value?

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.


No, you're not responsible for the debt unless you signed the loan documents. The lender should not have given a loan unless you consented to it because you own an interest in the property. Even if you don't agree to be responsible for the debt, the lender is supposed to have a co-owner sign a hypothecation agreement - which is a fancy word for you agreeing that your interest in the property is subject to the lien even though you're not borrowing the money/liable for the debt. If the lender didn't get this from you, the lien should be void as to your interest in the property.


Yes, you can demand that he buy you out, and if he refuses, you can file a partition lawsuit, which actually forces the sale of the property. If you file this suit, the judge will order an appraisal of the property. Then, the judge will give either party the opportunity to buy the other out. If there are not takers, the judge will order the property to be sold at public auction for the fair market value established by the appraisal.


If you can't agree to a buyout, I would recommend that you hire an attorney to help you file the petition.

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