if my husband and I are separated and I still remain in our home we purchased together, and he buys another home to live in and dies or does not pay his mortgage, will the mortgage company come to me for balance of payment?
Answer
You did not sign the 2nd mortgage? you are not personally responsible for it. You can be included in the action to eliminate any and all interest you may have in the property
Answer
If there is a note and mortgage on the first home, signed by you, you remain responsible for the full balance. This is what is referred to as "joint and several" liability ("all or each" are responsibile). Of course banks typically foreclose before pursuing mortgagors individually.
If you had nothing to do with the purchase of the second home you have no liability to the mortgagee (bank) that provided the funds for the second home. Though you are not responsibile to the bank, this home could become an issue if your husband passes and his estate goes through probate.
This is not a legal opinion upon which you may rely. To obtain a legal opinion you will need to formally engage a Florida attorney and confer face to face.
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