If my husband’s ex-wife didn’t pay the mortgage on their joint property and now he is being served forclosure papers, can they go after my assets?

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If my husband’s ex-wife didn’t pay the mortgage on their joint property and now he is being served forclosure papers, can they go after my assets?

The court will probably sell the house for 250k and their loan is 320k; will they come after me for the rest?

Asked on April 21, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No but they can go after ny jointly held assets which will indeed effect you.  He needs to get help here to protect himself and his credit.  He needs to either make an agreement for a deed in lieu of foreclosure or what ever he can work out (short sale?) but waiving the deficiency is key.  Otherwise he has to sue his ex based upon their divorce agreement.  Good luck.


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