during a foreclosure by one spouse, can the bank go after the other spouse even if property was adquired before marriage and she is not in the title?

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during a foreclosure by one spouse, can the bank go after the other spouse even if property was adquired before marriage and she is not in the title?

Concerned that husband might go in foreclosure on his own property and they might go after hers also adquired before the marriage.

Asked on May 11, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you mean in terms of any deficiency judgments? Do you also mean in terms of her credit report?

In terms of the property, was it only his and nothing was ever commingled to pay for the property from the marriage? She is not on title; is she on loan at all?

Community debts and how things are applied depend on the type of marital laws Florida has. Florida seems to be an equal distribution state.  Did either home increase in value during marriage? These "profits" may be captured as marital property.

 

In Florida:

Florida, assets and debts acquired during your marriage will be divided "equitably" when you divorce. But not all property is considered "marital assets".  As I mentioned above, each spouse's property acquired prior to marriage is a non-marital asset if the property was kept separate from marital assets acquired during the marriage and none of the funds/income (if these are income producing properties) was commingled with marital income.   

 

If this is an actual issue, have the wife consult her own separate attorney to ensure she understands what could happen if anything and what steps she may be able to take to stem a foreclosure or at least prevent her from being "pulled in". Try www.attorneypages.com.


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