2nd mortgage

[fender]

I live in Indiana. Without my knowledge my wife took out a 2nd mortgage on our jointly owned home. She had all the notices etc. sent to a post office box she had setup. We are divorcing and I am trying to keep the house Would I be responsible for this debt if I assume the property alone? My name is not on the loan and the holder will not give me any information as to the amount. How could she do this on jointly owned property without my signature on the papers?

 

[dorenephilpot]

If she took out the loan on the home before the filing of any separation or divorce papers, that's perfectly legal.

However, if you can show that she took the money out and did not use it for marital expenses but did something like squirrel away the money for herself, then I think you have a sound argument that her amount of equity in the final settlement should be reduced by that amount.

That's probably not the answer you were looking for, but there it is.

Hope this answers your questions. I'll be happy to answer others. Sounds like you're going to have a lot in upcoming days.