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If someone is on the Deed but not the Note are they still responsible for the home?

If someone is on the Deed but not the Note are they still responsible for the home?

Q: Can I sue my partner for not paying a mortgage?

Yes, you can potentially sue your partner for not paying the mortgage if you are both responsible for the debt. However, the success of such a lawsuit will depend on the specific circumstances, including any agreements made between you. It’s advisable to consult with a legal professional to assess your options.

Q: Can I sue my ex for not paying the mortgage?

You may be able to sue your ex for not paying the mortgage if both of you are on the loan. This would typically be part of a broader legal action concerning property division or financial responsibilities following a separation. Legal advice is recommended to navigate this process effectively.

Q: Can I sue my ex for mortgage payments?

Yes, you can sue your ex for mortgage payments if you are both liable for the loan. This may involve seeking reimbursement for payments you made on their behalf. However, the outcome will depend on the specifics of your agreement and local laws. Consulting an attorney can provide guidance tailored to your situation.

Full question:

My life partner has left the relationship. She is on the deed but not on the home loan. Does she still have responsibilities to the house. I am trying to sell in an area that is not selling and the house will not likely sell for price that it was purchased for. Is there any legal recourse to hold her responsible for? In addition, we have a car loan and a savings account in both names, is there anyway I can get her to pay for either of them?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Kentucky

Answer:

Generally, a person isn't liable for the separate debts of another unless their name is on the debt, such as being a joint account holder/guarantor/surety/co-signor. If her name is on the car loan, she will be responsible for payment according to the terms of the loan.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if someone is on the deed but not the mortgage?

If someone is on the deed of a property but not on the mortgage, they are not responsible for the mortgage payments. However, they may have rights to the property, such as the right to sell or receive proceeds from a sale. Their involvement in the deed means they have an ownership interest, which should be considered in any separation or divorce proceedings.

What happens if one person on a mortgage stops paying?

If one person on a mortgage stops paying, the other party remains responsible for the entire mortgage amount, as both are legally bound to the loan. This can negatively impact the credit score of both parties. The non-paying party may face legal action from the lender, and the property could be at risk of foreclosure if payments are not made.