Charlotte, NC asked in Real Estate Law, Divorce, Estate Planning and Family Law for North Carolina

Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

3 Lawyer Answers

A: Until your husband refinances, imagine that you cosigned the loan. My suggestion to you is that you should not deed your interest to him until he refinances.

A: The best way that I can explain this is, that right now you are a co-signer on the loan. I would advise that you not deed over your interest until after your husband refinances.

Anthony M. Avery
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Answered

A: If you signed the Note, then you are liable for the debt. Only a payoff, refinance or a bankruptcy discharge gets rid of the Note. Your agreement means nothing to the mortgagee who is not a party to it.

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