# Not on deed or mortgage

**URL:** <https://forum.rosen.com/t/not-on-deed-or-mortgage/16464>\
**Category:** Divorce and Separation Answers\
**Created:** [October 6, 2015, 7:25pm UTC](https://forum.rosen.com/t/not-on-deed-or-mortgage/16464 "2015-10-06T19:25:42Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![KerryCurran](https://avatars.discourse-cdn.com/v4/letter/k/58f4c7/32.png) [@KerryCurran](https://forum.rosen.com/u/KerryCurran)\
**Post date:** [October 6, 2015, 7:25pm UTC](https://forum.rosen.com/t/not-on-deed-or-mortgage/16464/1 "2015-10-06T19:25:42Z")

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My soon to be ex bought the home prior to marriage. I have been living it in and making the mortgage payments since he walked out. I had planned on trying to assume the mortgage and stay in the home, but I did my research and the home is upside down by 35k (mortgage balance vs appraisal). I am not on the deed nor on the mortgage - can I walk away from this without legal ramifications?

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**Author:** ![Lindsay\_Willis](https://avatars.discourse-cdn.com/v4/letter/l/858c86/32.png) [@Lindsay\_Willis](https://forum.rosen.com/u/Lindsay_Willis)\
**Post date:** [October 8, 2015, 3:56pm UTC](https://forum.rosen.com/t/not-on-deed-or-mortgage/16464/2 "2015-10-08T15:56:41Z")

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So long as you are not a obligor on the mortgage, you have no obligation on the loan. I would give your spouse notice that you intend to vacate and will not be paying the mortgage moving forward.
