Law Offices of Lisa Stern
Effective, Efficient Family Law Representation Since 1995
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Your mortgage and your divorce

If you are like many divorcing spouses in Michigan, you may be concerned about how to best handle your home when ending your marriage. You likely know that many couples end up deciding to sell their marital homes but your spouse might be pushing hard to keep the home. You might even think that is not a bad idea because then your kids will not have to move out of the home they know. But, before you rush into agreeing to this situation, there are some things you should know.

As explained by Bankrate, if your name is removed from the title of the home via a quit claim deed and your divorce decree identifies your former spouse as the party responsible for the mortgage payment and other costs associated with the home, your mortgage lender could still come after you if any payments are late or missed. This is because, quite simply, a mortgage and a home are not considered one in the same in the eyes of a bank.

The only way to protect yourself against a bank demanding payments for a home you no longer have ownership in or from your credit being damaged when your ex doesn't pay the mortgage is to require that your ex-spouse get a new mortgage in their name only.

If you would like to learn more about the things you should consider before letting your former spouse keep your existing mortgage and your former family home, please feel free to visit the post-marital dissolution mortgage page of our Michigan divorce website.

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