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Is It Possible to Save a House that is in Foreclosure if You’re Separated, Soon to Divorce and the Loan is not in Your Name?

When you’re in the middle of a divorce and also faced with foreclosure, it can often seem like you are stuck in a perfect storm. All divorces come with a great amount of financial instability, and if your house is not being paid for while the details of the divorce are being worked out, it can leave you feeling like you’re going to be homeless at a moment’s notice. That’s usually not the way it works, so don’t panic.

The first thing you and your spouse need to do, usually through research and communication with your attorneys, is to determine who is financially and legally responsible for paying the mortgage. Even if both of you are on the title of the home, it’s possible that only one spouse is on the mortgage. If the loan was taken out in only your spouse’s name, you have a different set of rights and obligations than you would if the loan was taken out in both names.

If you are not the party mentioned on the mortgage, your lender will not pursue you specifically for payment. However, when you are the party living in the house, you’ll need to be prepared for the foreclosure action. One remedy is to get the loan taken out of your spouse’s name and placed in your own. You’ll have to qualify for the mortgage, however, which means your income and credit must be strong enough that the bank will be willing to put the loan in your name.

The real decision you need to make is whether you want to keep the house or not. This is something to decide before the divorce moves forward, so your attorney will know how to best position you to gain ownership of the home or at least benefits from any proceeds that are earned if the house is sold.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.