Legal Question in Family Law in Texas
my husband and i are currently divorced, and we have loans in both our names together, after divorce i got the house and we both are on loan for house and he is the co-borrower is he still responsible for loan, being that he co signed
1 Answer from Attorneys
Yes. Usually the decree will allocate the debt for the house to the person who gets the house. The divorce court can only allocate the rights between the parties. So if you default on the mortgage payments the creditor can look to him as a cosigner. If he makes the payments, he has a right to sue you for the difference. If he does not and the lien is foreclosed and creditor does not realize enough money to pay off the mortgage, again the creditor can sue your husband for the balance. If he pays he can sue you.
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