What are a spouse’s liability for another spouse’s debts?
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What are a spouse’s liability for another spouse’s debts?
I am 1/3 owner of the house that I live in. I married 9 months ago. My husband owns a house that he is 6 months behind on. Can the mortgage company come after the house I own a 1/3 of?
Asked on November 17, 2011 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the home that your current husband owns has not had its monthly mortgage paid for some time and the home was acquired before you and he were married, you would not be obligated for any deficiency judgment concerning it.
If the home that you have a 1/3 interest in is not owned at all by your husband then the mortgage company cannot come after this property as an asset for payment of any judgment. If your husband's home's loan that is in default is "purchase money", then perhaps under your state's anti-deficiency statutes on the subject he might not be responsible for any deficiency on the loan.
I suggest that he and you consult with a real estate attorney on the subject that you have written about.
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