House Mortgage


#1

My wife and I have recently split. We bought a house 3 years ago, her name is not on the loan papers but is on the Deed of Trust. Is she be responsible for part of the house payment?


#2

As between you and the mortgage loan company you are responsible, and only your credit will be affected if the loan is in default. The deed of trust includes her name likely because she is on the deed to the property itself.


#3

Is the house not considered marital property? I can understand, the mortgage company only pursuing me for the payment since my name is on the loan, but would the courts not find her responsible for half the payment?


#4

If you purchased the house together during the marriage it is marital property, and the corresponding debt is marital, and the court can distribute the same, however as between you and the loan company, you are solely responsible.


#5

Thank you for your help.


#6

You are most welcome, I wish you the best.