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My husband and I have been separated for over 3 years. Both of our names are on the mortgage and the deed. He has basically disappeared -- out of sight out of mind, so I've not rigorously pursued a divorce or getting his name off the deed and mortgage. Recently, a sheriff came to my house looking for hubby. Apparently he's in a boat load of debt that he can't pay and he is being sued. From day one I have made all mortgage payments from my own pay and have always stayed current. He's done some other things to damage my credit (i.e. he let his car be repoed, etc.). How can I protect my house from his creditors? Under what conditions? Can I have the house deeded to me without refinancing the mortgage which may be difficult for me to do under the circumstances? What can I do if I can't find him? We have a son who is ready to go off to college and he needs to have a home! Help!

smithsussane · Posted: Wed Jul 28, 2010 10:00 pm Post subject:

Hi Reallycoolmom!

Welcome to forums!

As your husband's name is mentioned on the property deed, his creditors will be able to come after the property and place a lien on it in order to recover their dues. Your husband needs to sign a quit claim deed in order to transfer the property in your name. After the property transfer is over, the lender will want you to refinance the loan in his name.

As you're unable to trace your husband, I would suggest you to get in touch with an attorney and take his opinion in this matter. He'll let you know whether or not you would be able to remove your husband's name from the property deed in any other way.

Feel free to ask if you've further queries.

Sussane

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husband in debt, is house in danger?