Legal Question in Family Law in Maryland
Question about joint debt in regard to seperation agreement/divorce papers
My question is regarding my separation agreement which is now finalized as divorce. In the seperation agreement, my ex-husband agreed to pay the second mortgage on the house that was left to me in the agreement- the wording of the document is a little unclear to me and as I could not afford a lawyer at the time I am wondering if I got taken for that amount. The document reads as such ''...The husband hereby covenants and agrees that he shall be solely responsible for any and all outstanding debts titled in his name individually or the parties names jointly that were incurred prior to the execution of this agreement with the exception of the real property known as (my address)...'' My question is since the second mortgage was in both of our names and was incurred prior to the execution of this agreement is that considered as outstanding debt seperate from the real property as mentioned. I sincerely appreciate any assistance you can give me with this- money is extremely tight for me and I want to know if I have a chance at this before I hire a lawyer to try and collect the balance due on that second mortgage. Thank you.
2 Answers from Attorneys
Re: Question about joint debt in regard to seperation agreement/divorce papers
It appears to me that your ex-husband is not solely responsible for any debts related to the real property. If you and he were jointly liable on the second mortgage, you still are jointly liable. If you have the house titled to you, he has little incentive to make the payments, although he has an equal liability. If the payments are not made and the house is foreclosed on, his credit record will be damaged, as will yours, but that is the only loss he will experience. It's unfortunate that you didn't have a lawyer at least look over the agreement before you signed it.
Re: Question about joint debt in regard to seperation agreement/divorce papers
Based on the limited fact you cite, it appears that you may be liable on the second mortgage note as well as the first. You know now that these matters should have been reviewed by an attorney before you signed the agreement. Title of the house has some bearing upon your situation. Contact me should you like to discuss. (410) 799-9002
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