When you can't rely on a divorce decree

February 15, 2008

I'm divorcing my husband, and our decree specifies that he'll get our home and will pay the remaining mortgage balance. He claims that this means I'm no longer legally obligated to make loan payments. Is he right?

I'm divorcing my husband, and our decree specifies that he'll get our home and will pay the remaining mortgage balance. He claims that this means I'm no longer legally obligated to make loan payments. Is he right?

No. You and your husband are parties to the agreement and therefore are bound by it, but the mortgage lender isn't. To make sure the lender can't come after you for the balance if your husband defaults, you must get your name removed from the loan contract. More than likely that means your husband will have to refinance the debt in his name alone. For your own protection, make sure that happens before you sign the divorce decree.