Legal Question in Family Law in California
My husband, soon to be x husband, had a home in his name. I was never on the mortgage. He lost his home and now he expects me to pay for the remainder of the loan with him. We have been married for eight years and separated for over a year. I do not believe I am liable to pay his debt. Can you tell me if I could be faced with having to pay for this debt with him. I am trying to file for divorce now. Also, can you advise me of the cheapest divorce process you know of. I live in San Francisco.
Thanks so much!
1 Answer from Attorneys
The cheapest divorce process is settlement, meaning you and your ex agree to enter into a marriage settlement agreement and then file for uncontested dissolution. However, this may not be a possibility for you because you disagree on the mortgage debt. You should probably get a lawyer. There are good affordable lawyers in the area. As for the debt, it depends on various facts that you have not provided in your question and are specific to your case. If the house can be classified as his separate property, you are not liable for the debt. Generally, if he bought the house before the marriage it is separate property and you are not liable. If you have any further questions feel free to contact my office in the east bay. Good luck.
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