Legal Separation / Quit Claim Deed
My husband is crack addict. I made him move out early August. Although his name is on my house title, it was financed solely in my name. Need to have his name removed. Don’t want to lose home, as I recently found out he’s $2,500 overdrawn on his checking account. We have no joint accounts. How do I protect myself financially without divorcing him? I’ve got 4 children to support. Please help.
Re: Legal Separation / Quit Claim Deed
Under the facts you describe, you are not responsible for yrou husband’s overdrawn account. you may have to buy his portion of the house. It is unlikely that yoru mortgage lender is going to let him escape liability for the loan. He does not owe it, but his portion of the house is encumbered by their lien. If you got too far behind on your mortgage payments, they would serve notice of a foreclaoure sale on both of you.
If you refinance your loan, the new lender may also require that he sign off on the loan, even though he doesn’t individually own the house. While you are married, your spouse may have various claims or interests in the homestead. But, you are probably not liable for his seperate debt.
Good Luck
Anthony Smith
LawSmith
P.O. Box 2336
Lee’s Summit, MO 64063