Ankeny, IA asked in Real Estate Law, Divorce and Family Law for Michigan

Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

1 Lawyer Answer
David Soble
PREMIUM
Answered

A: The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is required to pay at that time, then without any payment, the mortgage company will likely foreclose on the mortgage and your credit will be impaired as per your fact pattern, you are the named borrower on the mortgage.

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