When my ex husband and I divided up our assets I gave him the house since I could not afford it. I am on the deed of trust but not on the loan. Since then he has rented out the house but constantly falls behind on mortgage payments. I’m afraid that he will let the house foreclose because he doesn’t care about his credit since he has no intention of ever moving out of his parents home and they pay his bills and buy him vehicles. I have asked him to get my name off of everything but he says he shouldn’t have to do anything when I’m the one who wants my name removed. I’m terrified of owing for this house and having my credit ruined. Is there anything I can do to get my name removed or am I stuck?
I am in a similar situation, only MY name is on the loan, his on deed…I was told that in this state it was 50/50, that he would be liable for the loan as well as me, because we are married…WRONG!!.. I was told flat out by the bank wells fargo that I am the ONLY one liable for loan and that if it defaults MY credit will be affected, but NOT his.
Based on my experience, I would say that you are not responsible for the loan if your name isn’t on it.
If you want your name removed from the property including the debt and your spouse will not do so voluntarily, you need to file an action for equitable distribution and request that the court order it.