The Home


Bump…does anyone have any idea what is the norm in a situation like this?



The mortgage and the deed are too very different and separate things. The mortgage defines the financial responsibility in paying for the house and the deed defines who is entitled to the house. Normally the parties on the mortgage and the parties on the deed are the same. If your name is the name on the mortgage loan you are the responsible party for paying the loan payments and if loan payments are not paid it will affect YOUR credit. If you no longer want financial responsibility for the house get her to buy you out. But in the case of a divorce it is normally NOT a good idea to have this sort of major debt/purchase/responsibility still holding the two parties together.


My wife and I are on the deed of our home but, I am the only one on the Mortgage Note.

Can I be forced to sign the house over to her and still be
responsible for the debt from the note leaving my credit at risk
if she fails to make the payments?

How are these issues normally handled in courts?