If one party owns a house intheir name only and it goes in foreclosure is the other spouse liable for anything?

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If one party owns a house intheir name only and it goes in foreclosure is the other spouse liable for anything?

We have been separated for more then 6 months. He is letting the house go into foreclosed. He bought the house before we was married. His name is the only one on the house. Am I liable for any of it?

Asked on January 5, 2012 under Family Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on neither the title nor the mortgage, and the house predates your marriage, you should not be liable for his default and foreclosure--for example, you would not be liable if the bank seeks additional monies from him, in the event the house is worth less than the mortgage. Of course, any payments he has to make, any lawsuits, judgments, debts, etc. against him, will indirectly effect you to the extent that it will reduce his assets and/or ability to pay support, such as if you and he divorce.


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