Legal Question in Family Law in Pennsylvania

Re: signed off house

When you sign a mortgage, you usually also sign a note. That creates a personal obligation to repay the debt. While that doesn't necessarily mean you actually have to pay it, because the house will likely satisfy the mortgage company, the failure to make payments will show on your credit report. It was your obligation as well and continues to remains so as far as the mortgage company is concerned.

When parties divorce, one party often agrees to assume responsibility. However, that does not effect the other party's obligation to the mortgage company. It simply means, if he defaults, you can go after him. Recovery, though, is usually unlikely. If he cannot pay the mortgage, he probably can't pay you. In any event, you are not out any money, he simply effected your credit.

If you have other debts or your credit is not good for other reasons, you may want to consider a bankruptcy. A bankruptcy discharge gives you a fresh start to put an old debt like this behind you.

I trust this has been helpful, but feel free to call or E-mail on a free initial basis.