Legal Question in Family Law in Kansas

This is a common question, and the situation can be troublesome for many separating or divorcing parties. The thing to remember is that the mortgage company is not a party to your separation or divorce. If you both signed the mortgage obligation, you are both contractually responsible for it, even if you enter into a side agreement between yourselves. If the mortgage is not timely paid, the mortgage company can pursue either or both of you at the company's option. Normally, both of you will be named as defendants on the mortgage foreclosure paperwork.

Whether you get any money from a sale of the house depends on the details of your side agreement (usually a Property Settlement Agreement in a divorce case). You can specify how any sale proceeds are to be divided. The mortgage company cannot control your side agreement. Obviously, there must be some equity in the house after selling costs for any sale proceeds to be divided.

If you sign a Deed to the property in favor of your spouse, you are relinquishing any title and owership rights to the property, but you are still obligated on the mortgage. Normally, the property has to be sold or refinanced to get your name off of the mortgage. Until that happens, you are both responsible for all payments.

Even if your side agreement or divorce paperwork makes one party responsible for the payments, the mortgage company can still file a foreclosure against both parties, but you may have a claim against your spouse for failing to make payments as required by the side agreement or divorce.

Consult an experienced family law attorney. We are here to help.