Am I financially liable for a home (during ex's bankruptcy) if I am not on the mortgage, but on the title?

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Ex husband is filing bankruptcy in Ga. His lawyer saw that I am on the title to the home. We didn't even think about that when divorcing. I do not want the home. In fact I am in the process of buying my own and am afraid the mortgage company (of ex's home) will come after me... ruining my chances of getting on with my life.

Attorney Answers

2
Robert Gardner ·
If your name is not on the mortgage, then you are not financially liable. However, if your name is on the title to the home, and the home is foreclosed upon, there is a chance that the foreclosure will show up in your history on deed and notice records. This could prevent you from being able to finance a home, as some mortgage companies will not lend you money until it has been a year since a foreclosure. This is something mortgage companies keep a database on, so it is not something that shows up on your credit or affects your credit score.
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Randall Lipshutz ·
If you did not sign the note and the security deed/mortgage, you are not liable for the debt. So if your name was added to the title after the loan was received, you may be listed on a foreclosure as one of the title holders, but the lender would have no way of pursuing you for the balance of the debt. If the lender on your new home picks up the foreclosure, you are going to have to provide full details, but it may be something they will let you explain away. On the other hand, if you did sign the loan papers, you have far more concerns. The lender on your ex's house is not bound by your divorce, and if you were liable before the divorce, you are liable to the lender after.
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