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Question

I am married. I had my husband sign an Interspousal Transfer Deed conveying sole and separate property to me of a home I purchased. I am not able to pay the mortgage and it is going into foreclosure. Will the crditors be able to come after his property and belongings? He owns his home also which i signed away rights to. Will his credit be effected by my inability to pay. We did file joint taxes the last two years. Will he be hurt by me?

Submitted: 481 days and 18 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Orange County, California

Already Tried:
Met with real estate agent who said ask a lawyer to see if your husband is protected b4 u proceed with foreclosure.

Accepted Answer

If the house has been declared as your separate property and the documents have been filed in the proper land registry and this was done well in advance of the need to have the foreclosure, then they can try to go after him, but they will not succeed in getting him to pay for property that is your seperate property and his credit should not be affected by your foreclosure. If the transfer to separate property was done recently, they can argue it was a fraudulent transfer and seek to come after him for the debt. You will also need to prove that your separate assets paid for the house, because if they can show marital assets went into the house he could be liable for his share of the money that went into the house under the community property rules in CA.


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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 7/30/2008

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