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?

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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