If a mortgage is to be signed by one person for both the mortgage?

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A property must be heard by a couple. The woman takes a mortgage on the property. Man is not the credit information and income. The mortgage is that the name of the woman. They go into foreclosure. The debtor can collect from the man, though he had no share in the mortgage? The property is in both names, but the only loan on behalf of women. Is this legal? The property is located in Tennessee and it is not a statement of community property. What can man do to prevent this?

3 Comments
  1. Reply
    My Take on It
    April 30, 2011 at 11:13 pm

    Since it is not a community property state, and he did not sign any loan papers, he shouldn’t be responsible for this mortgage.

    If this is a divorce, where is his attorney? The divorce attorney should answer this for you. That is what they get paid for.

  2. Reply
    Dan B
    May 1, 2011 at 12:00 am

    As I understand it, the wife is 100% responsible for the debt. If it were a community property state, both would be responsible if the debt was incurred while married in most circumstances.

    The husband may be forced to sign away his rights to the property. He can’t do anything to avoid the loss of the home unless he can arrange his own financing o rwin the lottery and pay off the mortgage.

  3. Reply
    MadMan
    May 1, 2011 at 12:34 am

    Even though he is not on the mortgage, 100% of the property is covered by the mortgage. So even though he is not responsible for the loan, he loses his portion of the property.

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