My ex and I own a house out of state. He is on the mortgage. I am not on the mortgage BUT I am on the deed.

Our marital settlement allows us to sell the home which I want to do and he doesn't.

What are my liabilites with my name being on the deed and not on the mortgage? Do I have any financial liabilities?

I am certain your marital settlement says more than you can sell the home. You have no obligation to pay the mortgage but taxes and upkeep may be on your plate. He has to pay the mortgage but if he does not the property will likely be foreclosed even though you are not on the mortgage. If you are unsure about the additional details consult the attorney who represented you.

Most laws governing community property vary by state. Also, were you married in the state that the house is located in? Was this house used as your primary residence when you were married ("marital home") or was it an investment property? There are so many subtleties regarding property, you might just have to hire an attorney. I don't know if this helps but I was also on the deed to a house, but not on the mortgage of our marital home in New Hampshire. When we split, he decided to not pay the mortgage so I wouldn't get any money (he's an idiot). The house was foreclosed on. This didn't affect my credit at all, I had no obligation to pay that mortgage. I was, however, entitled to half of a "homestead exemption" of $5000. So he had to give me $2500 anyway and he lost his house. Did I mention he's an idiot? I wouldn't have been entitled to half the homestead exemption if it hadn't been the marital home. Looks like a lawyer will have to help you with this one. Any lawyers out there?

Thanks so much!

We were married years prior in a different state. It was our primary residence. I divorced him and am ready to move one so I would like to sell the house in June as agreed in our marital settlement. We have great tenants but they are having a difficult time getting a mortgage (not my problem)... My ex is also an idiot (what was I thinking?. smiles) .

Thanks. I will have to get an atty in IL. I don't live in the state anymore.

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Originally Posted by Nillalily

Most laws governing community property vary by state. Also, were you married in the state that the house is located in? Was this house used as your primary residence when you were married ("marital home") or was it an investment property? There are so many subtleties regarding property, you might just have to hire an attorney. I don't know if this helps but I was also on the deed to a house, but not on the mortgage of our marital home in New Hampshire. When we split, he decided to not pay the mortgage so I wouldn't get any money (he's an idiot). The house was foreclosed on. This didn't affect my credit at all, I had no obligation to pay that mortgage. I was, however, entitled to half of a "homestead exemption" of $5000. So he had to give me $2500 anyway and he lost his house. Did I mention he's an idiot? I wouldn't have been entitled to half the homestead exemption if it hadn't been the marital home. Looks like a lawyer will have to help you with this one. Any lawyers out there?

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The law varies by State. Community property laws and homestead exemption laws vary by State.

There already is a settlement agreement. The question is how to enforce it. The wording (as my colleague Ballenger said) has to be more specific than has been posted. Need more info in order to formulate a correct answer.

Which is exactly why I finished my answer asking if there were any lawyers out there who could help.

Sure there are Illinois lawyers out there who can help, however AMHD is not an effective or efficient manner for picking a lawyer. Do you have any connections to Illinoisans or relatives in Illinois? Which county or city is the home located

Which is exactly why I finished my answer asking if there were any lawyers out there who could help.

Please take another look at AMHD rules. We take great pride in our answers on the legal boards. Some of us are educated in law, others work in law, many have great research skills.

We discourage the use of "this is what I think" followed by "retain an Attorney." If it were that easy I'd have a big rubber stamp made that reads, "Contact an Attorney in your area."

Please answer correctly by State/Country. Your answer was incorrect no matter what you added at the end.