Divorce decree and a 1st and 2nd mortgage?
Getting a divorce. This is non-contested. My husband lives in our house currently, but he has defaulted on the loan. He is supposed to currently be paying the 1st mortgage, and I’m paying the 2nd. Because the house is in default, does it matter what the divorce decree says?
I’ve been told that regardless of what the decree says, the banks are going to come after the both of us. He can’t buy me out and I can’t buy him out.
Does it make a difference what the decree says to the banks? I don’t want to quit claim my responsibilities on the first, and then he walk away free and clear, and me be 100% responsible for the 2nd because it’s listed as such in the decree.
Any assistance would be helpful on wording it properly in the decree.