Legal Question in Real Estate Law in Louisiana
judgment on spouse
My husband has a judgment from before we were married and it comes off in 2 months. We want to buy a house and he will sign for it to be purchased by my paraphernal funds. My loan officer says that the attorney needs to do a title opinion on him also because of community property. Is that true? Will his judgment get attached to my property?
1 Answer from Attorneys
Re: judgment on spouse
Usually a title opinion is done on the property to be purchased and should not include either yours or his name. I assume what the loan officer means is that in order to approve the loan, they have to do a credit check on both you and your husband since this is a community state. If you are solid enough to get the loan without your husband, then tell them not to run a check on your husband. Since the loan will be in your name, he should not be involved. The problem is probably that you and your husband did not execute a prenuptual agreement. If not, then even if this loan is in your name only, and the house is too, your income is still half your husband's and they may be worried that if your income becomes a target for the judgment, then you may not be able to pay the loan. Also, you said the judgment comes off in 2 months. It can and usually is reinscribed which means it lives for another 10 years. Then, in 10 years it can be reinscribed again for 10 more.