Legal Question in Wills and Trusts in New Jersey
responsibility
when married and our current home is titled under one spouse's name, would it still be considered joint property and subject to the other spouse;s debts?
2 Answers from Attorneys
Re: responsibility
I agree with Ron that unless there is some way the homeowner becomes responsible for the non-owner's debts, the house cannot be reached by the non-owner's creditors. However, claims may be made and should be defended, if asserted. It also depends upon what the claims arise from. For example, if one spouse is a primary credit card holder and the non-owner uses a card authorized to be issued, and fails to pay the bill, claims can be made against the primary card holder. More facts ar5e needed to specifically reply to your question.
Re: responsibility
Just because you are married now, that does not change the title to the house. Since the deed is in the name of one spouse, it is not subject to the debts of the other. This includes judgments and tax liens. Nevertheless, if the spouse with the title is somehow obligated to suport the other spouse (such as a divorce support order or government benefits) there may be an exception.
If you want an answer on your specific facts, you need to talk with a tax and business lawyer.
I hope this helps!
Ron Cappuccio
http://www.TaxEsq.com