How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Wife signed as non-vested spuse required to sign on one of

This answer was rated:

Wife signed as "non-vested spuse required to sign" on one of our mortgages that is in default. I have filed for chap 13 and so am protected she has not. We have both been served a "Summons on Complaint" Do I need to worry about her on this or is it just scare tactics from thr plaintiff?
If she signed as a guarantor on the mortgage, then she is liable on the mortgage default and could be made to pay the judgment. At this point you should be worried and you really should get her an attorney to defend the matter.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 8 years ago.
She did not...just signed due to some law in Fla. shes not on the deed at all. She just signed as non-vested spouse. yet she still got a summons of complaint. is this something that I can get around?
If she did not sign as a guarantor, she merely signed acknowledging that you were making the purchase as a separate purchase, then she needs to file a motion to dismiss her from the litigation on the basis that it was your separate debt and FL is not a community property state, thus she is not liable for your separate debts.

Law Educator, Esq. and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 8 years ago.
thats what I though! how is this done?
First, FL courts hate pro se litigants and pretty much force parties to hire attorneys. Second, at this point, you should have an attorney representing you in this matter or at the very least your bankruptcy attorney and you should engage the attorney to file the motion to dismiss and not do this on your own. The attorney should not charge much, but if it is not done properly it could be fatal to getting her out quickly.