If one party owns a house intheir name only and it goes in foreclosure is the other spouse liable for anything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.