Legal Question in Family Law in Pennsylvania

If my husband and I both own our house and it's paid off but we took out a loan against it and I'm the primary credit holder,what are my finacial obligations?


Asked on 7/22/11, 11:03 am

1 Answer from Attorneys

I am not sure what you are asking.

If you own the house as husband and wife (tenancy by the entiretles), then the creditors of just one of you ordinarily cannot seize the home for debts of the other spouse. Example - credit card debt is just in husband's name; any judgment by the credit card company against the husband means that the house cannot be seized if the house is owned as a tenancy by the entireties.

You mention that you took out a loan and used the house as collateral. Who applied for the loan? You mention that you are the primary borrower but does this mean that your spouse was also a co-borrower? If so, then you and your spouse are both liable for the debt. If only you applied for the debt then only you are financially responsible for it. If you default, the house cannot be seized.

Since you have classified this as a family law question, are you asking about what happens in divorce? Again, it depends. I assume that the house is a marital asset (acquired during the marriage) and that the debt was also marital.

I don't know what other assets and debts there are, but regardless of what the divorce agreements say, you are going to be responsible for the debt if you are the primary borrower. That means that if the divorce decree or marital agreements says that your spouse will pay this debt and your spouse does not pay, then you may have rights against your spouse for not paying but you still have to pay the debt to the loan company.

I would read your loan documents carefully.

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Answered on 7/22/11, 11:40 am


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