Legal Question in Real Estate Law in Wisconsin
Real Estate Title
If only one spouse is listed on the title are both spouses responsible for it should a foreclosure occur?
1 Answer from Attorneys
Re: Real Estate Title
The answer is "it depends." Foreclosure is a process for the secured party (bank) to take collateral which secures a debt. When you say "responsible," I assume you mean liable for the debt. Title to property does not govern whether a person is obligated for the debt. The debt (note) may or may not be signed by the other spouse. However, because of the marital property interest in the security (house), the spouse may need to be named in the foreclosure action even if he/she is not on the note. If a person is served with notice of default or a foreclosure summons and complaint, he/she would be wise to call an attorney immediately.
This is not intended to and does not provide legal advice. Rather, we only offer general feedback which may not be applicable depending upon the totality of the facts. Please contact us directly if you have specific questions or concerns. http://www.Grahamlaw.biz