Getting divorced in MD (hasn't happened yet, but soon) ... currently living separately. Sep agreement states that spouse moves out of house and I live in house until sold, date TBD at my discretion... at which time proceeds split 50/50. House currently underwater. Both spouse and I on the title/deed... only my name on the bank note/mortgage. What would happen should the home loan be defaulted on one way or another? Could my spouse sew me for anything? How about once the divorce is final and the agreement is incorporated? What about if the house is lost from bankrupcy? Should/can the sep. agreement be modified by the divorce judge? Thank you for your time and help.
Answer
If the separation agreement were properly drawn up, it would specify who is responsible for the payment of the mortgage and other maintenance. However, since there is no equity in the house, if you defaulted your ex would have no claim to sue you for since he wouldn't have lost anything. His credit wouldn't be adversely affected since he isn't on the loan. Finalization of the divorce wouldn't change this, nor would a bankruptcy, since the lender would take over the property if that happened. Finally, modification of the agreement can't be modified by the judge on these issues without the agreement of the parties.
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