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Can i be held liable for foreclosure if my name isn't on the mortgage?

• Hi, I'm currently going through a divorce with my husband, he has no job and is unable to pay the mortgage on our home, but it is in his name. I left him about seven months ago and filed for divorce.. he and his lawyer are trying to get as much money out of me as they can. I'm being advised that I should move back into the house, but I can't reasonably afford to pay the mortgate there by myself and pay him spouse support. So my question is this: We live in Texas, which is a community property state, by law, even though his name is on the mortgage and mine is not, can I still be held liable in the event that the house goes to foreclosure? He hasn't made a payment on the house since I left, I don't know how the house hasn't already gone into foreclosure to be honest. Any advice or help is appreciated.. I've looked all over the Texas laws concerning foreclosure and can't find a concrete answer to my question.

• Answer:

  Get your own lawyer. A simple answer is: Yes. Understand that even if the divorce decree assigns debt payments to one party, the lender is not a signatory to the agreement. The lender can still come after either party. In TX, if hubby solely incurred a mortgage debt to provide shelter to the community (family) the debt is equally owe by both parties. Debts. In community property states, most debts incurred by either spouse during the marriage are owed by the "community" (the couple), even if only one spouse signed the paperwork for a debt. The key here is during the marriage. So if you incur a debt, such as a student loan, while you're single, and then get married, it won't automatically become a joint debt. (An exception is where a spouse signs on to an account as a joint account holder after getting married.) Some states, like Texas, have a more nuanced way of analyzing who owes what debts by evaluating who incurred the debt, for what purpose, and when. After a legal separation or divorce, a debt is generally owed only by the spouse who incurred the debt, unless the debt was incurred for family necessities, to maintain jointly owned assets (for example, to fix a leaking roof), or if the spouses keep a joint account. http://www.raggiolaw.com/txart05.html