Legal Question in Family Law in California
We are getting a divorce. My wife bought the house before we were married(in her name only). We then got a HELOC in both of our names. The wife wants to try and keep the house. If she is awarded the house and HELOC in the divorce proceedings will I be free and clear of the HELOC if she runs into financial problems in the future??
1 Answer from Attorneys
You should get your name off any debts that you want to be assigned to her. Otherwise, the credit card companies can still go after you for the debts despite what the judgment says regarding who is assigned which debt. It would be prudent to refinance the house to pay off the HELOC.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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