Wednesday, November 23, 2011

Can a spouse just walk away from mortgage and ruin the other spouse's credit with no recourse?

My wife and I are semi sorta separarted. We currently live under the same roof as friends and have our own friends.. Our kids, families and friends know of our situation. She recently told me that she was looking for an apt and that I should start looking for a roomate to cover her costs associated with the house. Can she just up and leave and walk away from a mortgage that I cannot afford on my own?Can a spouse just walk away from mortgage and ruin the other spouse's credit with no recourse?
Banks dont care about your personal problems. If both of your names are on the mortagage both of you will suffer.Can a spouse just walk away from mortgage and ruin the other spouse's credit with no recourse?
Yup, she can leave; women do it all the time. As for no consequences, no there will be some. Is her name on the mortgage? If so it will go on her credit score also unless she signs a Quit Claim Deed in the divorce. You best course of action is to sell the house before you get divorced so that way its not soley on you, or you can do it afterwards after she signs the Quit Claim Deed and you'll receive all the profit instead of having to split it with her. The only problem with the latter is that if your house doesnt sell fast enough, you'll still be paying on it even though you cant afford it.
you need to file for divorce before this gets any further. therefore, with the divorce decree, you can use this as a framework to divide your assets. best bet would be to sell the home, pay off the fees and mortgage and divide whatever is left. your wife is working on the assumption that she can skip away free and clear. she is very mistaken and if you default on the home, she is on the mortgage and the title and she will be just as responsible as you if the home is foreclosed. get this handled sooner than later, because if she skips town on you, you would have to get her permission before doing anything with the home, as she is a co-owner.
If her name is on the mortgage note, then she will be 1/2 responsible for any cost related to it, but if it's in your name alone, it sucks, but yeah she can up and leave and you'll be stuck with it. You need to get a good attorney and maybe somehow she'll be responsible for some of it. Good luck.
Um yes you're not together anymore actually in most divorces they make you sell the house or make the other person who stays in the house pay the other person half since they both paid for the house. I think you are getting off pretty easy. Atleast she is giving you a warning I say find a new room mate or sell the house.
Yes she can. Although she is still liable for the debt, the bad credit that goes with delinquency, and any loss if it goes to foreclosure and is sold for less than is owed. The question is which one of you is the most ';collectible'; that is, job, income, assets.
As long as her name is on the ownership, she is responsible to pay the mortgage also. So it would be best to either buy her out, her half. Or sell the place and start over. Good Luck
She's not just up and leaving she told you to find a roommate and that she is looking for an apartment. Either sell the house or rent a room or basement out.
A judge can take her off the mortgage or you can buy her out. If you can not afford it, then yu should sell as part of the divorce.
Nope you will have to sell the house and both start over.
It depends.. Is her name on the mortgage? If it's not than it would make it easier for her to be able to move out.

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