I plan on getting married and buying a house in my name, is it at risk for my husband-to-be’s debt on a short sale?

My to be spouse is going to short sale or foreclose on his town house he owns. If I have no legal connection to the town house. Can the banks come after me for money once we are married?

Asked on January 8, 2013 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is it depends. If you live in anti-deficiency state, the banks cannot come after him for any shortfall. If you don't, then any assets (especially those that are joint) could be affected. Most would tell you to have that matter resolved before anything else is done. Even if you purchased a home in your name alone when you are married, it would still be considered a joint asset.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.