Legal Question in Real Estate Law in California
Father Died; Debt collections and Home.
My mother recently refinanced her house which was underneath my father's name. It is now solely in her name. My father has outstanding balances owed to several banks, credit cards, loans, etc. Is my mother vulnerable to any of these collectors? Non of the outstanding loans have her name it it, just my father's, and the house is now entirely in her name.
Asked on 7/28/08, 7:56 pm
1 Answer from Attorneys
Judith Deming
Deming & Associates
Re: Father Died; Debt collections and Home.
Community property can be executed upon even though a judgment is incurred in only one spouse's name if the debt was incurred during the marriage. Moreover, if your parents did this to try and avoid a debt, they can be liable under the uniform fraudulent conveyance act anyway.
Answered on 7/29/08, 12:09 am
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