Legal Question in Credit and Debt Law in Alabama
Effect of divorce on co-signed mortgage
I was married to a woman who had her own home and property. Everything was in her name. She took out a second mortgage which I had to cosign for due to income. We divorced. In the divorce papers I was left liable for this mortgage. I have told the mortgage company I do not wish to pay and to contact her for payment. What are the consequences to me from her,the mortgage company,and the court?
1 Answer from Attorneys
Re: Effect of divorce on co-signed mortgage
You and your ex-wife are both responsible to the mortgage company, and depending on the language of the contract, the mortgage company can probably pursue either one of you for the full amount. If you help them collect from her, they may give you a break. Unfortunately, if the divorce decree states that you are responsible, your wife can return to court to have the judge order you to reimburse her.