Legal Question in Family Law in New York
House Question
My ex-husband and I were granted our divorce on July 11th. In our original separation agreement, it states that as of the date of the marital separation agreement, I have relinquished all rights and responsibilities towards the marital home and that he assumes all responsibility. Our divorce decree is based on the separation agreement. He told me today that the mortgage company is coming after him (it's a mobile home, financed with a retail installment agreement) for what he owes on the home (he still lives there) and that they are looking for me. He said he has to go to court next week for this. He said that the guy who served the papers on him told him that if he knew where I was, that he should get a copy to me. Since the house is very clearly stated in the agreement and the divorce grants him sole ''custody'' of the house, is there a chance that I am on the hook for this? I haven't lived there in almost 2 years. Any advice on how to handle would be appreciated. Thanks.
1 Answer from Attorneys
Re: House Question
Unfortunately, because the loan is in both of your names, you are both legally responsible. I always make it a requirement in these situations that the loan be refianced by the sole owner.
However, it is likely that in your separation agreement, your ex-spouse is responsible for ALL costs associated with the home. So he would be required to reimburse you in the event that you had to pay anything out of your pocket.
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