If I’m on the deed but not the mortgage and after divorce liens were placed on the property, am I responsible?
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If I’m on the deed but not the mortgage and after divorce liens were placed on the property, am I responsible?
Asked on March 21, 2019 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If they are property tax liens, you would be responsible as an owner (on the deed) of the property.
If they are his personal tax (e.g. income tax) liens, i's not that you are personally responsible (e.g. they can't sue you personally for the money), but the liens must be paid in order to sell or transfer the property (you have to eliminate the liens to transfer clean or good title). The liens will typically be paid at closing, from the proceeds of the sale.
However, if again, these are his debts only, not ones you are responsible for, they will come out of his share of the proceeds: you money--your share--cannot be reduced for his personal debts. So if you had, after liens, mortgage, costs of sale, etc., $160,000 in profit, you get $80,000 and he gets $60,000, since he has to pay his $20k of debt. If he will not agree to this, to could take him to court to get the proper distribution or split.
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