Legal Question in Family Law in South Carolina

Conveyed Interest and Divorce

If I sign a ''conveyed interest'' to my husband in our divorce agreement, can I be held responsible if he defaults on the mortgage? My name will be off the deed and left on the mortgage, but it was explained to me that by doing this, I was released from responsibility but also not entitled to any share of a future profit from the selling of the property. True or False?


Asked on 2/05/09, 7:39 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Conveyed Interest and Divorce

How the names are listed on the Deed and how they are listed on the mortgage are certainly related to each other, but not dependent upon each other. Just because you are not listed on the Deed any longer does NOT mean that you have no responsibility for the mortgage or liability if he does not pay it.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 2/11/09, 3:01 pm


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