If I had my house repossessed, can the bank come after my new spouse after we get married?

UPDATED: Aug 8, 2011

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If I had my house repossessed, can the bank come after my new spouse after we get married?

My husband-to-be has a house and my name will not be put on it? 

Asked on August 8, 2011 North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your house is foreclosed on and sold at auction for less than the remaining balance (plus fees/expenses), the bank can get what is called a "deficiany  judgement". It can then proceed against all of your non-exempt assets. That's your assets.

The fact is that a spouse is not liable for their spouse's pre-marital debt. The fact is that in NC (as in other non-community property states) there is no spousal liability for debt incurred prior to marriage (unless the debt was in both names or the other spouse agreed in some way to be liable). 

Note:  However once married any joint assets will be at risk.  So keep bank accounts title to property, etc. separate.

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