Can a debt collector come after me for a second mortgage debt that my husband signed on before we were married?
Seattle, WA
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Posted 3 months ago in Debt / Lending Agreements
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The house my husband bought before we were married is going into foreclosure. He signed on for an 80/20 loan. He realizes that the 20% loan will not get their money back from the foreclosure and will likely come after him. During this time we are putting away a small amount of money (entirely under my name) to save for a down payment on a house which I will buy on my own that we can afford. Can the debt collectors come after this savings during that time? If so, what can I do to protect it?
Answers (1)Antoni Henry Froehling
This attorney is licensed in Washington.
Posted about 1 month ago.
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You need to be careful on all this. From your description, this would be a separate debt. (since you're here in Washington, this is a community property state, with community debts as well). However, over time, things can be done to essentially convert a separate debt into a community one. for example, refinancing. Sometimes people have done something that will change the category of the debt without even realizing it. It can be something as simple as the language in any community property agreement you may have signed.
But assuming its a separate debt, your separate assets would not be liable for his separate debt. Arguably , your bank account is separate property, but often its not that simple. Under community property law, even though only your name is on the account, it can be community property. Community property can be liable for separate debts. So what you're going to have to do is be careful to see what documents are being sent to or served on your husband. Chances are that it will name you as well and if that happens, you have to be careful to answer and clarify that the debt is separate. Where most people get in trouble in things like this is when they think the debt is not theirs and they just ignore the paperwork that starts coming in. good luck |