Legal Question in Credit and Debt Law in California
I have a property with a credit line, under my husband name ( my husband pastaway two years ago .) I need to know what is the righ thing to do with this loan.
I will appreciate your advice. Linda M
2 Answers from Attorneys
If thte loan was used for community purposes, you are probably required to re-pay it. If it was clearly a separate property debt, you may not have to pay it. But even you are legally entitled to not pay it, you could still be sued and have to defend the case in court.
If the LOC is tied to your property, you are required to pay it otherwise, the lender can start a foreclosure of your property if there is enough equity in your property to recover lender's claim. Assuming you are on the title as well, most likely the money from the LOC was used for community purposes, meaning, both you and your husband benefitted from the proceeds. That will also make you liable for the repayment. Conuslt an attorney for a detailed answer to your inquiry.