How can I be named in a foreclosure suit for a home that bel

tdanischefsky · Joined: 04 Aug 2008 Posts: 1 1.38 Dollars($)

How can I be named in a foreclosure suit for a home that belonged solely to my soon-to-be ex-husband...I have been separated from my husband for 9 months. We have been legally separated for 2 months. Two years ago, he bought a house in Wisconsin, a community property state. I am not named on the mortgage or deed. However, he stopped paying on it in 6 months ago, and now it is in foreclosure. My name is on the court case as a defendant. How is that possible? How can I be liable for a property he purchased alone?

jameshogg

Hi tdanishcheksky,

Welcome to forums.

This is quite strange because you are not actually liable for the debt. I think you should hire an attorney and fight the case in court. Only a legal professional can help you in this regard.

Thanks

helping_user

Hi tdanischefsky,

Your name may not be on the mortgage or the title, yet the lender may be justified in adding your name in the foreclosure suit. This is probably because yours being a community property state, you are entitled to a share of the property as a result of the marriage. So the foreclosure is likely to affect your credit and the lender may come after you for the payments if he considers the mortgage balance as combined debt.

However, if your soon-to-be ex husband has bought the property prior to marriage, then your credit won't be affected and you will not be financially responsible for the debt payment.

Thanks.

0.10 Dollars($)

They are foreclosing on your community property interest in the property. Do a quitclaim deed on the property to give up any property interest you might have. Send a copy to the foreclosing attorney and request dismissal from the suit before it gets to judgment. Hire an attorney if necessary to protect your good credit.

adonis · Posted: Sun Aug 10, 2008 11:17 pm Post subject:

well said guest. Smile

tdanishcheksky, I think that's exactly what you should do. I mean hire an attorney and get a quitclaim deed drafted, give up your community interest and request for a dismissal from the lawsuit.

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