Legal Question in Real Estate Law in New Hampshire

Re: real estate

There are two layers which must be examined. There is the relationship between you and your husband and then the relationship between both of you and the lender.

You did not state if the deed is to both of you as joint tenants or as tenants in common. This is not a critical issue as it relate to the bank. From the bank's side of the equation, you both signed the Note. You both, jointly and severally, owe the money. The bank can come after either or both of you for the payments and has the right to foreclose upon the collateral if the debt is not paid.

As between you and your husband, it's really a private matter as to how the two of you work out the payment situation. Beyond that, either of you may seek court intervention either through a petition to partition the real estate or through the family division of the court system.

Given the tension you express, it would likely be worthwhile for you to meet with an attorney to more fully explore options.