Legal Question in Real Estate Law in Nevada
Home Equity Loan Liability
We live in Illinois. My husband owns a home in Nevada which he purchased before we were married. He is about to take out a $250,000 loan to pay a mortgage on a house in Florida that his son defaulted on. If something happens to my husband am I liable for that loan even though I didn't sign for it and have no ownership interest in the hous.
2 Answers from Attorneys
Re: Home Equity Loan Liability
You will not be personally responsible for the new loan unless you sign on the loan documents. From the information you have provided it appears that a lien will be placed on the property in Nevada. That lien would need to be satisfied upon sale of the home. If your husband died, the home would pass according to the will or under the statutes of the state in which he was living, when he died (except in some circumstances). The lien would still be on the home after his death and would have to be satisfied upon sale or by whomever received the home upon his death. The liability would be with the property, but not you personally.
Re: Home Equity Loan Liability
Hi. In my opinion you would not be liable on the
loan if something happened to your husband. The
Nevada property and Florida property are non-marital property. The mortgage company could
always seek to recover from your husband's
estate, but you personally would not be liable.
I suggests that you put any and all real estate
that you and your husband own together in a trust. Will be happy to answer any additional
questions that you may have.