What are my options to save my credit if my name is still on my former marital residence and my husband has defaulted on the payments?

UPDATED: Jul 28, 2011

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What are my options to save my credit if my name is still on my former marital residence and my husband has defaulted on the payments?

I am separated from my husband and left our marital home 2 years ago. He agreed to take responsibility of the house and mortgage and has been paying it on time. Recently he moved to India and claims that he is not coming back. Also, the mortgage has not been payed for the last 2 months. He is willing to add an amendment to our divorce case pending in India to take full responsibility for the house. I am very diligent with my finances. I own a house myself for which I have a mortgage and a child to take care of. I am not interested in the marital house. What are my options? How do I save my credit?

Asked on July 28, 2011 Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can afford to make the mortgage payments on the house do so to save your credit. You should also get a quitclaim from your husband to you of all interest in the home so that you are solely on legal title if you can service its debt load assuming he is on legal title.

If you can service its debt load and your husband will sign a quitclaim deed to you of the home, record it. You now own it. You can then decide to sell the home or rent it out for cash flow purposes. Get all agreements in writing signed by your husband about the house. If you do not have a famlily law lawyer, you should consult with one now.

Good luck.

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