Can I, the co borrower, sue the borrower of a mortgage who has not paid in past 10 months and has deminished my credit?

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Can I, the co borrower, sue the borrower of a mortgage who has not paid in past 10 months and has deminished my credit?

Anonymous Dec 3, 2014 Business 5 views 5 answers

Borrower is my ex mother in law. Mother in laws daughter is my ex wife whom I have 2 children that I pay 1200 monthly in child support. Divorce decree granted full use and possession to ex wife although her name is not on deed nor loan. Mother in law or myself do not reside at property. Divorce decree states 1 yr after divorce (jun 2011) house is to be sold. 3 yrs later house is not sold and they have missed 10 months of payment . Divorce decree states I no longer was to pay on property. I pay child support and not 1 dollar was placed towards loan paymen . Credit score has diminished terribly. Ex wife is now trying to buy the home by pulling out a loan in her now husbands name to cover the debt incurred leaving no profit and a ruined credit score for me.

Dana Atchley · Answer 1 · 2026-06-15T12:49:46+00:00

Dana Atchley

Dana Atchley · Jun 15, 2026

I am going to move your post to the Divorce/Separation practice area as you are more likely to get a response there.

0 upvotes

Evan Koslow · Answer 2 · 2026-06-15T12:49:46+00:00

Depending on what the divorce decree states regarding who is responsible for making loan payments after the use and possession period is over (and during the time that the house is to be listed and sold) will determine what rights and options you have. You would do well to schedule a consultation with an attorney, bringing with you the order relating to the residence, as well as, any and all documents related to payments being made since the divorce.

Gerard Miles · Answer 3 · 2026-06-15T12:49:46+00:00

It is difficult to answer your question without knowing the details of the divorce decree. But, as Jeff said, you have a potential issue to look into and we'd suggest you review your options with an attorney. Best of luck to you!

Thomas Valkenet · Answer 4 · 2026-06-15T12:49:46+00:00

Did "full use and possession" relieve you of the payment obligation under the bank agreement? And if not, you also missed 10 months of payments. Co-borrowers can sue each other for contribution, but both remain 100% responsible to the bank. I have seen folks in your position make payments precisely to protect their credit scores, and then sue others for their part of the payments.

Can I, the co borrower, sue the borrower of a mortgage who has not paid in past 10 months and has deminished my credit?

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