If your name is on the deed to a house but not the loan, are you still responsible for the mortgage?

Question

My boyfriend and I are expecting a baby and buying a house together. He is still legally married to someone else, although they have been working on getting a divorce for over a year now. Because we live in Missouri, she has to sign the Deed. My question is, even though only his name and mine are on the loan, would she still be responsible for the mortgage since her name is on the deed? And yes, I know she legally owns 1/3 of the property, I'm not worried about that. I'm wooried about her being responsible for the loan b/c I'm afraid if she is, she might not sign.

Answer 1

You are making a BIG mistake.

Answer 2

nope.

What do you plan to do later to get her OFF the deed?  If she's not on the loan, she may not have an incentive to do so.  And, if she's still married to him, and something happens to him and he doesn't have a will, she'll own 2/3 of the property, and you will be paying 100% of the mortgage.

good luck!

Answer 3

Only the people on the loan are responsible to pay it.

Answer 4

If she is not on the mortgage, she is not responsible for the mortgage. Now, it really depends on the state, so it could be different.

Answer 5

I agree with what some of the above posters have said.   What you are doing is a BIG mistake.  To avoid problems do not buy the property and put her name on it.  If the laws say she must be on the deed then wait until the divorce is final and she does not go on the deed.  To do otherwise is foolhardy and dumb!!

Her verbal promise to sign a quit claim deed is utterly meaningless in a court of law and you must not rely on anything she says.

Answer 6

wow, your boyfriend sounds like a winner.  His married, knocked you up and it's "taking" a year for a divorce.  

Here is the order that you should do things:

He gets a divorce, you get married (for whatever that is worth with this guy) and then buy the house.

Answer 7

This is a question for your husband's divorce lawyer.  If he doesn't have one, I highly suggest him getting one as you are getting into very tricky ground.  One thing you don't want is her name on any property you and your boyfriend are buying together as she becomes a part-owner and will have input into anything you do to the property.