Legal Question in Credit and Debt Law in Pennsylvania

I have been married to my new husband for a year. We are buying a house but the loan is in my name only because he has bad credit. I'm wondering if it's best to put the house in my name only or both names. If the house is only in my name would any of his creditors be able to place a lien on the house? Or for child support? We have not closed on the property yet so just wondering what is best.


Asked on 7/28/15, 11:10 am

1 Answer from Attorneys

Pennsylvania is not a community property state so if the home was titled either in your name solely or in both of your names as husband and wife then ordinary creditors could not reach the home. For divorce purposes, anything acquired during the marriage is going to be marital property. However, for probate purposes there would be a good reason to have the property owned as a tenancy by the entirety (by husband and wife) as the land automatically passes at death to the surviving spouse.

Why would child support be able to lien the house? This makes no sense.

I think you and husband have bigger issues. Like why does he have bad credit? What is on there? How old is he? What steps is he taking to rectify this? Why did he not get his act together and start working on his credit before you got married? Does he have a child from a prior relationship/marriage that you are concerned about child support? Why does he not support his child?

These are things you and he need to talk about so the husband can get on the road to fiscal health and you and he can begin your life together.

If he is going to be helping pay for the property then really his name should be on it.

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Answered on 7/28/15, 10:12 pm


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