SHOULD WIFE’S NAME BE ON HOUSE TITLE?

First and foremost, you need to speak with an attorney "in real time" as we say here in Silicon Valley. The issues you raise have far reaching ramifications that should be addressed with someone who can gather ALL of the relevant facts.

Having said that, the answer about your liability for his debt is a lawyerly "it depends". If your name were on the house as a "joint tenant" and you lived in California, you most likely would only be responsible for the debt on the house.

Likewise, in California, even if his name were the only name on the house and the house was acquired before marriage (so that it was his "separate property"), it is possible that his creditors could come after the house after his death. If his name is the sole name on the house (or if you own it as "tenants in common" or - in California - as community property), the California probate code provides that a secured creditor can satisfy his debts from the secured property. If that property is insufficient, the secured debtor becomes an "unsecured" creditor as to the excess and can seek to satisfy the debt from other "separate property" assets. If those assets are insufficient to satisfy the debt, then the creditor can seek to satisfy the debt from the "community property" assets.

So, for example suppose your husband owns an investment property worth $300,000 with a secured debt on it of $350,000 and other investment property worth $40,000 that has no debt and "community" property worth $100,000. If the mortgage lender takes the property, the lender is still owed $50,000. That becomes an unsecured debt. If there is other separate property, the mortgage lender "shares" the right to that property with all other unsecured creditors.

Assume the lender is only able to recover $15,000 from investment property #2 because there are other creditors who are able to claim the rest of it. The lender (in California) would be able to go after the community property to satisfy the remaining debt.

Each state is different and you MUST consult a knowledgable Oregon attorney to determine what your rights and liabilities are in this case. Surely there must be a local "lawyer's referral service" you could contact (check with the local county bar association - if it's a small county, check with the nearest large county). Usually the fee for an initial consultation is $50 or less.

And if you think it's too expensive to hire a lawyer to assist you with this, think about how expensive it would be to hire a lawyer to get you out of any hot water you might be in if you don't ("a stitch in time saves 9").

Having your name on the title will not subject you to liability for your husband's debts but, if he has a mortgage on the house, it might be a violation of the "due on sale clause" for him to put your name on the title without consent of the mortgagee.

As a spouse, you are entitled to a share of your husband's estate, whether or not he has a will. However, if he has more debts than assets, a share of his estate may amount to nothing at all. In general, assets get sold to pay the debts of the estate.

Which gets us back to the desirablilty of having your name on the title to the house (assuming the debt secured by the house is not greater than it's value ...ie, assuming there is some equity there). If you are a co-owner, it will pass to you outside of the estate, free of the obligation to pay unsecured debts.

You must contact an estate planning attorney in your area to help sort this out.