Brutal, but well deserved. Re-word. We own a condo together. We are both on title, he took out a second (loan) a few years ago and that second is in his name not mine. I would like to be done with owning the condo and owning and purcahsing my own. But because he ows so much on that second. I would like to assume the first loan, but want him to assume the second, can a judge make him responsible for paying that second? But if the ex does not want to be responsible for paying what is owed on that second that he paid, can the first loan and second be added together and the judge make us both reponsible in paying both loans? Sorry!
The second is YOUR problem, too.
As I understand your post, he obtained a second.
You and he are BOTH on the first.
If he defaults the second, that lender will place a line on the home.
That lien won't force the home to be sold, but when it is sold, the second will get theirs out of the purchase price.
Try this:
The home has a $100 mortgage. You both are signatories on that debt.
He got a 2nd for $30.
If the home sells for $130, the 2nd lender gets his $30.
You and the dummy split the remaining $100, hopefully.
If the home sold for $100, the 2nd lender gets their $30, and you're left with $70 to split.
If the 1st lender still was owed $60, then you walk away with $10, or $5 each!