Legal Question in Credit and Debt Law in North Carolina
I live in North Carolina. My husband and I have been married for a little over 2 years. I purchased a singlewide mobile home in 1999. We would now like to purchase a home. The land the mobile home is on is in my aunt's name. If I were to default on the trailer, would that hurt my husband's credit in the future? Would they be able to put any kind of judgement against him or my aunt in regards to the land?
1 Answer from Attorneys
Your husband is not liable for your debts incurred before marriage. Neither is your aunt. So, if the finance company got a judgment, they could not go after either your aunt or your husband.
While your husband is not liable for your debts, I don't know how his credit stands. If he has good credit all on his own, then maybe your credit will not affect him. However, if your husband will need you in order to help him qualify for a mortgage loan, then your credit will come inito play and may hinder you from getting a mortgage at a good rate or at all. Before you go house hunting, I would obtain free credit reports on both you and your husband at www.annualcreditreport.com.
If I were you, I would try and work something out to avoid a default. If nothing else, rent out the trailer for enough to cover the payments. Or try and sell it for at least the balance of what is owed. If you must default, then wait until after you get the new home and qualify for the mortgage.