Legal Question in Credit and Debt Law in Michigan
Pre marriage debt.
My husband owned a home prior to our marriage. The mortgage is in his name but his ex-girlfriend's name is also on the deed. He had agreed to let her remain in the home as long as she made the payments and they do have a written agreement outlining her responsibilities etc. Part of the agreement indicated that she would attempt to sell the property and if that was not possible, that she would obtain a mortgage of her own to clear his mortgage. She is now indicating she cannot qualify for a mortgage and has been unable to find a buyer. She is also indicating she may not be able to afford the payments any longer, although their agreement indicated she would be responsible for same through 10/2006, at which time my husband can then list the property on his own to sell for a ''reasonable fee''. Any monies remaining after the sale and mortgage payoff are to go to his ex-girlfriend as she used her money for the down payment at the time of their purchase. My husband has indicated that if she stops paying he will let the mortgage company take possession of the home. If he should do this, can I be held responsible for the mortgage payments or could my credit be affected by this decision?
2 Answers from Attorneys
Re: Pre marriage debt.
You're only implicated to the extent that you share in your husband's interest.
Re: Pre marriage debt.
If your name is not on the mortgage, it does not affect your credit simply because you are married. Just like a credit card that is only in your name would not affect your husband.