Legal Question in Real Estate Law in Maryland

Name is on the deed but not the mortgage

My husband and I bought a house 2 years ago. We have since split up and are going through a divorce. I do not want the house or any possible equity out of it. I simply want out. What legal/financial obligations do I have since my name is only on the deed and not on the mortgage? We live in Maryland.


Asked on 1/31/08, 8:24 pm

1 Answer from Attorneys

Carter Ferrington Bar Adon Vogel PLLC

Re: Name is on the deed but not the mortgage

If you bought the house with your husband and did the typical marital ownership estate of "tenants by the entirety," and are neither a party to the mortgage, nor agreed that the home be used as collateral for the loan, then the lender may be unable to foreclose on the property, and may have no recourse against you for it's non-payment. It is highly unlikely that a lender would have agreed to this however, without some acknowledgement of the debt by you. If you actually do have liability for the mortgage, even as a co-signor, or agreed to allow your husband to take out a mortgage on the home, then your interest in the property could be extinguished if the lender forecloses and the lender may have recourse against you. Your obligation for taxes,water bills, etc. continue as long as you continue to own the property.

Read more
Answered on 2/01/08, 3:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland