Legal Question in Family Law in Nevada
What happens if ex-husband stops paying home improvement loan on the house his e
Our 28 yr old daughter was recently divorced. They used a do it yourself form. Everything is final and agreed upon. Her ex-husband was to pay the monthly installments on a home improvement loan they took out a year before the divorce. He has since had a change in employment and says he can't afford to pay the loan and will not make any more installments on it. Our daughters' name is not on the loan only her husbands name. She is wondering how liable she is if he stops paying on the loan. Will they take her house which she is making payments on or can they take her car which is paid for. She has custody of the two children and he is making support payments monthly to her. Thank you for your time.
1 Answer from Attorneys
Ex-husband stops paying home loan where ex-wife lives
This is another example of how saving a few hundred dollars by doing a divorce with a kit can cost so much more than paying a lawyer to handle the case. The true facts in this situation will make or break her situation. If the home improvement loan is a deed of trust on the house (and it probably is), they can foreclose if payments are not made. In other words, she will lose her house when he doesn't pay the loan. It would be very unusual for her name not to be on the loan if she was married when the loan was taken out, and I believe her name probably is on the loan.
In a do it yourself divorce, it would be remarkable to see language to properly force the husband to pay on this loan. If the language is proper, this requirement can be enforced in Court. Although I hope things work out for your daughter, it sounds like it will be a problem case that needs careful and meticulous legal attention. I would urge your daughter to stop trying to do it herself because the mistakes she makes will cost her dearly in the long run. Please suggest that she see a good lawyer to see if she can save her home, if it is worth anything to her.