Often in divorce settlements and in final orders decided by a judge, one of the parties is awarded the marital residence. The party who is awarded the marital residence will also be liable for the mortgage associated with that house. But what happens if the mortgage doesn't get paid? One way that you can be protected, is to have the spouse who is awarded the house and the debt associated with the property sign a Deed to Secure Assumption. A Deed to Secure Assumption is a document where the spouse who received the property promises to pay the debt on that property. If the party who retains the house fails to pay, there are remedies for the party who did not keep the house.
However, a Deed to Secure Assumption has its limitations. It will not protect you if your ex spouse pays the mortgage consistently late. This would be a situation where you could potentially get bad credit.
If you have questions regarding deeds, feel free to schedule a strategy session with Anita K. CutrerThe first 30 minutes of this strategy session is free of charge.