Legal Question in Real Estate Law in Illinois

If the house is titled only in your Husband's name and the mortgage is only in his name, then he is legally responsible to pay the debt to the mortgage holder. However, if you divorce and the house is "under water" (meaning more is owed than it is worth) then you could be ordered by the court to pay some of the debt. If the Husband earns much more than you, you might not be ordered to pay anything. It would be up to the Judge to decide if the parties could not agree. Although the mortgage company could only go after your Husband, he could go after you if you failed to obey a Divorce Judgment. This is a complex issue and many factors would be considered. You will be best served by hiring an attorney to handle the divorce. Good luck.