Posted on: 12th Sep, 2010 11:15 am
I got married in 8/09. We both owned homes prior and after marriage she chose to move in my home. We received foreclosure papers for her property(that was purchased in 05) that she no longer wants and could not sell. My name is listed as a defendant on those papers that are going to the courts. My name is not on the title, nor the mortgage. We do not have anything in our names together just file taxes together last year for the first time. Would I be responsible for anything and would this effect my credit. Also should I go to one of the hearings to plead my case or hire an attorney to have my name removed from those documents as a defendant. We do live in a community property state.
Welcome Guest,
Though you live in a community property state, the properties were purchased before marriage. In that case, as your name is not on the mortgage and the property deed of your wife's home, you won't be responsible for anything regarding that property. If the property goes into foreclosure, it'll have a negative affect on your wife's credit score. You should contact an attorney and check out how you can remove your name from the documents as defendant.
Though you live in a community property state, the properties were purchased before marriage. In that case, as your name is not on the mortgage and the property deed of your wife's home, you won't be responsible for anything regarding that property. If the property goes into foreclosure, it'll have a negative affect on your wife's credit score. You should contact an attorney and check out how you can remove your name from the documents as defendant.