Legal Question in Credit and Debt Law in California

My girlfriend lost her condo 7 years ago to foreclosure . The condo was sold for far less than she owes so the mortgage company is trying to get the money from her. she has no bank account or savings because they will take the money. My question is if I get married will her debt become mine also. Will they try and get the money from me. I own my home so I am worried that they will go after me.


Asked on 7/16/14, 8:56 am

2 Answers from Attorneys

Scott Jordan Jordan Law Office

Her debt does not become yours, just because of marriage. However, if she has a judgment against her, which should be the case, your combined monies (i.e. community property) could be taken by the bank. You will need to keep separate bank accounts and you should not put her name on the title of your house. You should consider a pre-marital settlement agreement (i.e. pre-nup).

Has your girlfriend considered filing for bankruptcy? It will eliminate the bank chasing her for the rest of her life.

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Answered on 7/16/14, 9:29 am

She needs to talk to a lawyer. In California, foreclosure is an exclusive remedy. Once a lender forecloses, it is illegal for them to try to collect any remaining balance. Only if she was sued for he debt in court, lost, the sheriff sold the property and the lender went back to court for a deficiency judgment would they be allowed to try to recover the balance. I have NEVER seen a lender go to that trouble when they can just foreclose and write off any balance, except in cases of major commercial loans and/or serious fraud.

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Answered on 7/16/14, 1:05 pm


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