Legal Question in Credit and Debt Law in California
Is My Home Safe
I came into my 12yr. marriage owning my own home. I refinanced mortgage and husband signed loan papers but I am still legal owner. He just lost job. We have separate finances. Can his creditors put lein on home if debt was incured before marriage? What of those he incured after marriage, even though I didn't sign for any of them nor do I use the credit accounts?
1 Answer from Attorneys
Re: Is My Home Safe
It probably depends on whether his name is on the house. First, if he's lost his job and he co-signed the loan papers, the mortgage company can move on you if the house note is not paid, regardless of whose name is on it. It sounds like you'd be able to show this is separate property as to the other debts, as long as your husband's name is not on the property. Not sure how this would go, though, with him signing loan papers. Usually, when people sign loan papers, they are on the property. In short, if he's on the property, it could be argued it's community property in California.
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