Forgotten Your Password?

Need to Register?

Question Icon

Can they come after my house?

So I have some debt from a previous marriage and a failing business. I am recently re married and we are building our new home, I am not on the mortgage or the title of this new home but the banks have made me sign some papers because we are married. When I declare bankruptcy can creditors go after this home? by jerrb9238 from Nashville, Tennessee. Oct 28th 2010 Reply

Michele Zelvis (mzelvis)
#12 ranked lender in North Carolina - 13 contributions

What state are you located in? This would depend heavily on wether or not it is a shared property state and also on the type of debt that they are trying to recoup. Obviously if you aren't on the loan or title AND you are not in a shared property state then the answer is no. At that point the house would not be one of your assets and the creditors have no claim to it.If you are in a shared property state then whether or not you are on the title/loan does not matter, since you are married you have a 50% stake in that house since it was built after ya'll were married. At this point it would depend on the type of debt that the creditors are attempting to collect for.If you would like you can message me and we can discuss this further. However, I believe the best person to speak to in regards to this would be a bankruptcy attorney. Legal technicalities will play a large part in this scenario and I am not an expert in that regard.I hope everything works out for you and good luck!!

Oct 28th 2010
Crestico Funding (CresticoFunding)
#315 ranked lender in California - 336 contributions

Jerry, this is a Legal matter, i highly recommend you consult with an attorney. if you are located in California, i recommend THE PAYA FIRM, they are a Real Estate firm and can help you with such legal questions... their site is

Oct 28th 2010
Subscribe to our news feed.