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Husband Payments Responsible Divorce Law
I separated from my husband, moving out of our home almost a year ago. The home was bought in my husband’s name. Should he fall behind in payments, will I be held responsible?
Spouses cease to be responsible for joint debts after separation. Separation is defined as either actual separation or legal separation. However, if the mortgage was taken out after you were married, you are both responsible (legally) even though your name’s not on the loan. If it was taken out before the marriage, it’s his separate debt.
As a practical matter, write the mortgage company and ask them to give you a letter stating that they will not hold you liable for the mortgage. If they refuse, then file for separation or divorce and ask that he be required to refinance the house so that you can’t be held responsible in any way.
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