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I have a condo in California that I purchased before marrying my spouse. Can my forclosure affect my spouse if his name is not on any documents?

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Icon Mini Profile maiken920





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Post Posted: Thu Nov 19, 2009 8:29 pm    Post subject: I have a condo in California that I purchased before marryin
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I am concerned that the foreclosure of my condo in California may affect my spouse and his good credit.
Icon Mini Profile jenkin7
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Post Posted: Thu Nov 19, 2009 10:29 pm    Post subject:
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Hi maiken,

If your spouse is not on the mortgage, his credit will not be affected by the foreclosure in any way. If he did not sign on the mortgage note, he cannot be held responsible for the mortgage. Even if you are in a community property state, the foreclosure will not impact your spouse's credit.
Icon Mini Profile jheard
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Post Posted: Fri Nov 20, 2009 6:56 am    Post subject:
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If you are now married, your spouse may have a community property interest in the condo. The lender may include your spouse's name in the foreclosure as a precaution. In that case, your spouse may have a foreclosure judgment on their record. You should have the spouse immediately sign and record a quitclaim deed in your favor and you should record it in the county where the property is located. This will absolutely take your spouse's name off title, and the foreclosure should not affect their credit.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Icon Mini Profile raymond
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Post Posted: Fri Nov 20, 2009 1:23 pm    Post subject:
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Your spouses credit won't be impacted (even in California - which is a community property State).
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