Legal Question in Real Estate Law in Connecticut
If I refinance my husband and my mortgage..for a lower rate..and only put my name on the loan (as his business had a loss the past couple of years...not large).....and his name is on the title of the house......
if we should divorce...will i be help 100 percent responsible for the loan until its paid off..and then as he is on the title...he owns half the house?
I live in CT....the refinance would only be a year refinance..but i just want to make sure if things do not work out...I am not stuck paying the entire loan off only to turn over half the house to him in the end.
2 Answers from Attorneys
Whose name is on the title or the loan doesn't matter, at least so far as the divorce court is concerned. But you can divorce your husband, but you can't divorce the bank. In a divorce, the court might say your husband is responsible for half the debt, but if he doesn't pay his half, the bank will go after you for the whole thing. In the divorce, the court would probably give you the whole house, but give you the whole debt, too.
The house and the debt are considered "marital" and that means subject to division by the court. It doesn't matter whose name is on what.
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