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Pre/post ownership

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bigwords5

Junior Member
ohio

In the state of ohio, if a my husban owned a property prior to our marriage and we refied the house ( w both of our credit and income) after marriage w my name on the deed, am i now jointly responsible for the mortage in a divorce?
 


Ohiogal

Queen Bee
ohio

In the state of ohio, if a my husban owned a property prior to our marriage and we refied the house ( w both of our credit and income) after marriage w my name on the deed, am i now jointly responsible for the mortage in a divorce?
If you are on the mortgage you are jointly responsible for it. If you are on the deed, then you are a co-owner. Regardless of the divorce decree, the creditors are not a party to such and can hold you to your agreement to pay. In a divorce however, whoever is awarded the house is normally made responsible for the payments.
 

mistoffolees

Senior Member
If you are on the mortgage you are jointly responsible for it. If you are on the deed, then you are a co-owner. Regardless of the divorce decree, the creditors are not a party to such and can hold you to your agreement to pay. In a divorce however, whoever is awarded the house is normally made responsible for the payments.
HOWEVER, if your stbx gets the house and fails to make the payments, you may never learn about it until your credit is ruined.

I would suggest:

1. Ask for a clause that stbx must refinance within 90 days or put the house on the market at a price selected in advance (or based on x number of appraisals or whatever - just don't say 'put house on market' because they could put a very high price).

2. If that won't work for some reason, insist that you get copies of the monthly statements. As soon as you see a payment has been missed or you don't get the monthly payment, go to court to have stbx found in contempt.
 

LdiJ

Senior Member
HOWEVER, if your stbx gets the house and fails to make the payments, you may never learn about it until your credit is ruined.

I would suggest:

1. Ask for a clause that stbx must refinance within 90 days or put the house on the market at a price selected in advance (or based on x number of appraisals or whatever - just don't say 'put house on market' because they could put a very high price).

2. If that won't work for some reason, insist that you get copies of the monthly statements. As soon as you see a payment has been missed or you don't get the monthly payment, go to court to have stbx found in contempt.
Unless there is online access to the mortgage statements. In that case make it ordered that you have screen name and password access in lieu of getting copies.
 

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