Legal Question in Real Estate Law in Ohio

I am going through a divorce. My ex purchased our house for us with his credit only and his down payment in 2000. We were married 4 months later. Then in 2006 we refinanced. I signed several papers with the bank for the new mortgage. During the divorce proceedings, he pointed out that my name was not listed on the title or the mortgage. I thought I was. The mortgage states borrower as his name only then a comma, then it states Married. Then I signed. I'm not listed in the tax records or typed up on the mortgage papers.

Here is the problem. He is living in the house and has decided to stop making payments. My credit is taking a hit for it. Am I liable for the mortgage if my name isn't officially listed on the documents? I'm just on as WIFE but I did sign in several places. Was that for dower rights only? The tax records only list his name as borrower as well as the deed and the mortgage papers.

I sent to the credit bureaus and asked them to remove this mortgage and one already came back and said that I am liable and kept it on.


Asked on 8/13/10, 4:57 am

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You need to look at the promissory note that was signed in conjunction with the mortage. If he is the only person listed on the note than it is not your liability.

If you determine that you are not on the note then you should dispute this item with the credit bureaus. It may be difficult to have it removed and you may want to consult an attorney to assist you with that process.

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Answered on 8/18/10, 6:41 am


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