Legal Question in Credit and Debt Law in Virginia
Including in a title the name of a person who has debts and is in collection
My sister is a legal resident in the USA, I just got married with a USA citizen and the three of us are buying a house. The only person who can access to a loan is my sister because my husband has a very bad credit score and he has a lot of debts (he doesn�t know how many or for how much) He told me to include him in the title with my sister so we can prove to the inmigration policy that we are a real couple. My concern is about his debts, we are a real couple, so we can prove that using others ways, but I�m worried about the fact that because of his debts, the collections offices will put an obligation in the new house that we are about to buy, so they can pursue my husband�s debts through the house once we decide to sell after some years...and the interests in his debts will keep running until then. Please tell me if that risk exists, and if it is a good idea to include him in the title. Thank you for your help.
2 Answers from Attorneys
Re: Including in a title the name of a person who has debts and is in collection
No one who is not on the mortgage(or deed of trust)should be on the deed itself, and, particularly, someone with the record of delinquencies such as your husband apparently has accumulated.
Your sister is headed for a lot of headaches if she permits this to happen. If your husband succeeds in getting his name on the deed, he can have the property sold any time he wants to hire a lawyer to file a partition lawsuit in the circuit court where the property is located and collect one third of the proceeds from the sale as an owner of record.(Your
sister may not be aware of this fact which should be quite troubling to her--or anyone faced with similar circumstances.)
Re: Including in a title the name of a person who has debts and is in collection
If what you are asking is whether the creditors may attempt to collect a judgment against your husband's interest in real property the answer would likely be yes. However, in that your question is not clear I strongly advise you to consult an attorney before proceeding.
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