Legal Question in Real Estate Law in California
I bought the home as a single woman. When married, changed deed to trust as husband and wife. Mortgage stayed in my name only.Changed deed back to my name only. Foreclosing. Can they go after husbands credit if he was never on mortgage?
1 Answer from Attorneys
We need to distinguish a credit report, which is not much more than a chronology of events that may affect a person's credit worthiness, and a credit score, as prepared and reported by FICO or its imitators. Credit scores are subjective and based on formulas that are not public information.
The facts recited are all public information, available to the credit agencies, and likely to find their way into both credit histories and be reported. Yours for sure, his likely, at least in part. Married couples share many assets and liabilities in community-property states, so there is a relatively large amount of bleed-through in credit histories, rightly or wrongly.
More significant to answering your question, perhaps, is what impact your foreclosure will have on your husband's credit score. Only the scoring companies know. In my opinion, it should have some, but not much, impact. FICO doesn't know how functional the marriage is, whether you have separated, whether he lives there, or much of anything about the extent to which he is undermined, financially, by your letting the property go.
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