I have been divorced for almost three years. The original divorce decree read the marital residence would be sold and proceeds divided 50/50. Due to the poor real estate market, we verbally agreed that he could keep the home and be financially responsible (solely). I executed a Quit Claim about six months ago and recently the divorce decree was amended to read he is sole owner of the home all in hopes of my ex-husband obtaining a mortgage in his name only. My ex-husband has been defaulting on the mortgage off and on. The lender has now informed him they will no longer work with him to obtain any type of payment option. The house is scheduled for auction this month. My question is this, am I still legally tied to the mortgage of the home? Also, will I we held responsible for 50% of the difference between the sale price and the outstanding mortgage amount?
Answer
If you signed the original note, you are still liable.
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