Legal Question in Real Estate Law in Florida
real estate in divorce
my soon to be ex is living in our house in florida I found out he is foreclosing I am not on mortgage but am on deed. I have alot of my $ invested in house but it is worth 70,ooo less than we paid. Am I responsible for mortgage? what am i responsible for? married 4 years, seperated 1 yr. We are homesteaded
1 Answer from Attorneys
Re: real estate in divorce
As far as the foreclosure is concerned, if you are not on the mortgage, you are not responsible for the debt. The divorce judge may order that you are responsible to your spouse for the mortgage debt or a portion of it as part of the divorce, but that would be extremely unusual since the house is being foreclosed on.
As a general rule, spouses are liable for half of the debt acquired during the marriage, regardless of whose name is on the debt. The rule hasn't been applied lately to foreclosures though, since the foreclosing law firms aren't often going after people for the debt, just the houses.
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