How to protecting my house from the possibility of lien from fiancé’s past marital mortgage?

UPDATED: Sep 2, 2011

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How to protecting my house from the possibility of lien from fiancé’s past marital mortgage?

My fiancé is still on his ex wife’s mortgage. Their divorce stated that she would take over payments without harm to my fiance. I’m buying a house and have been advised to make sure that it’s my name only on the title and mortgage loan. I’m taking out a homeowner’s insurance policy and would like to have his name on it so that he’s covered for liability. Will having his name on the policy put the house at risk for lien in the future? Is it safe for me to have his name on home insurance policy?

Asked on September 2, 2011 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you end up buying the property in your name only and not in the name of your fiance' that is fine in light of his prior marriage and the fact that his first wife is to be making payments on the home that they acquired during his first marriage.

If your fiance' will be living with you in the house that you are buying and you want to place him as an additional insured on the policy of insurance concerning the home you are buying, I see no danger to you about doing so in that ecven if there should be a judgment against your fiance' concerning the home, since he is not on title to it, a lien cannot be recorded as to him and remain for his property until he is placed on legal title to it concerning any unforeseeable judgment against him

Good question.

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