Legal Question in Family Law in California
Seperate Property?
My husband and I have been seperated for one year. He recently purchased a home without informing his mortgage company that he was married. What will happen to him and his home if I should file for a divorce since it doesn't appear that we will reconcile? Will he be in any kind of trouble for lying to the lender? Will I be responsible for any of his debt if I didn't know about the purchase?
1 Answer from Attorneys
Re: Seperate Property?
The general rule is that debts that are incurred after separation are the separate property of the person incurring the debt. As to the credit application it would seem unlikely there would be a problem unless he does not make the payments. Filing for divorce will provide evidence of your intent to separate. Since you have determined that you will not reconcile there is nothing to gain by delaying the date of filing the dissolution petition.