Q: I have a Domestic Violence Injunction against my ex, can he default on the loan on our house?
we have 3 kids who I have full custody of, he does not pay child support or help, we purchased the house together, his name is solely on the loan documents, but i am on the title and taxes, can he legally default on the loan on our house?
A:
If he signed the mortgage note, and a mortgage payment is not made when due, both of you will be in default. If so, the mortgagee (lender bank or other institution) can foreclose, and seek a deficiency judgment against both of you.
You indicate that he is your "ex". Do you mean ex-husband? If so, your divorce decree should have, in addition to a provision for child support, provided how much he should be paying toward the mortgage.
If you were never married, you of course don't have that sort of protection.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
