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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My wife purchased the house we live in before we married so

Customer Question

My wife purchased the house we live in before we married so her mortgage deed of trust is in her name. If we had to walk away do to our inability to pay the mortgage would I have and legal responsibilitiy or could the lender come to me for funds due.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

No, if you are not on the mortgage, then you are not legally responsible for any moneys owed before or after a foreclosure. Your wife, however, could face a deficiency judgment against her. They could technically attach her income, bank accounts and any other real property that she owns.

Take care,