Can I he held responsible for accidents or the like if I am no longer on the title to property but am still on the mortgage?

UPDATED: Aug 1, 2011

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Can I he held responsible for accidents or the like if I am no longer on the title to property but am still on the mortgage?

My husband and I are still married but live separately. I am still on the mortgage in the home that he is living in but I have quitclaim deeded the property to him. If anything happened or anyone got injured on the property can I be sued or otherwise held responsible for those situations?

Asked on August 1, 2011 Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all likelihood, if you are no longer owner of record for the real property that you once held an interest in but are still obligated on the mortgage, you would not be liable for accidents that occurred upon it.

However, you are still married to your husband but live separately. Have you filed a petition for dissolution or separation in your county court as to your marriage? The reason is that in many states in this country under community property laws, one spouse's obligations for a judgment could subject one-half of the community's assets for payment on the judgment.  

Meaning, if something happened on the property that you are not on title to and a judgment came against your husband, his one-half of the community assets could be subject to levy for the judgment's satisfaction.

You should insist with your husband that you are named as an additional insured under the home's insurance policy for accidents and damages.

Good question.

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