Since I just got married and my husband and I are refinancing my home to add him to the loan/deed, if he declares bankruptcy will it affect me and my home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Since I just got married and my husband and I are refinancing my home to add him to the loan/deed, if he declares bankruptcy will it affect me and my home?

He may have to claim bankruptcy over a debt from his prior marriage. Can debt collectors from his prior marriage come after me since we’re now married?

Asked on March 5, 2013 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It would be advisable NOT to add your husband to the loan and deed on your home at this time because if he files bankruptcy, that property will be included since he is an owner.

If your husband does not have any ownership interest in your home, and files bankruptcy on his debt from a former marriage, you are NOT liable for his pre-marriage debt because that debt is his separate property.

Separate property is property acquired before marriage.  Separate property also includes income and debt before marriage.  A spouse is not liable for the other spouse's pre-marriage debt.  A spouse has no claim to the other spouse's separate property.

Property acquired during marriage is community property.  Each spouse has a one half interest in the community property.  Community property also includes income and debt during marriage.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption