If mine and my ex-husband’s home is in foreclosure, is the person I am living with liable for the remaining balance if we are not married?

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If mine and my ex-husband’s home is in foreclosure, is the person I am living with liable for the remaining balance if we are not married?

Asked on October 21, 2015 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, he would not be liable for your debts (since you are not married) unless he personally guaranteed them. Where he could have trouble would be if you are sued for the balance and do not pay, the lender/creditor may take collections action, such as levying on a bank account, executing on personal property (like cars), or putting a lien on real estate. Your share of any assets or property owned jointly with him is at risk and if the creditor believes that some of his personal assets are yours or are owned jointly with you, they may move after those assets. If he can prove they are his alone, he should be fine, but he'd have to go to the time and trouble of proving/documenting his sole ownership.


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