My fiance owns her own home. I own my own home. If the bank forecloses on my home after we are married, can they put a lien on her home?

Question Details: My fiance owns her own home totally in her own name (mortgage and title). I own a condo in my own name (mortgage and title). When we are married, if the bank forecloses on my home, can they go after her home as well.

Asked 11/4/2009 under Real Estate | 179 View(s) | More Legal Topics

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Real Estate Law Answers

No, they can't, unless your name is added to her deed by that time.  The bank could go after your joint checking or savings accounts, or similar assets, but that's because your name is on them.  They would be able to garnish your pay, but not hers.

For most purposes, marrying someone does not make you a party to your spouse's contracts, or debts, and it doesn't make you part owner of their assets that were theirs before the marriage and are still held in their own name alone.

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