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Can a credit card company go after your house if the mortgage is in your husband's name only?

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Wiki User
2006-10-10 15:23:50
2006-10-10 15:23:50

Ownership of real property is determined by the wording on the title or deed not by the names on the lending agreement. If the debtor owns a share of the property then a lien can usually be placed by a judgment creditor. The exception would be married couples holding property as Tenancy By The Entirety when only one spouse is the judgment debtor.

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Have pristine credit. The better your credit history is, the lower your mortgage rate will be. The worst things you can do to your credit, in the eyes of a mortgage company: 1) Not pay your bills. This is absolutely the worst thing. 2) Not use credit at all. If you never use credit, the mortgage company can't determine how you act when you do. 3) Not carry a balance. If you get a credit card, make small purchases and always pay them in full at the end of the month, mortgage companies consider that not using credit. 4) Having way too much available credit. If you have many credit cards, the mortgage company will assume you might actually use all that credit. If you DO use it all, you won't be able to pay your house payment.

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You have asked a complicated legal question and the answer depends on the details and the laws in your particular jurisdiction. The answer may differ in a community property state or if the credit card debt benefitted both husband and wife. The lien may be successful depending on the aforementioned factors.

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You have to apply for a mortgage jointly for both people to be listed on a mortgage. You can however have your name added to a title of a house with simple paperwork.

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If the house is paid for he can present it as a gift and change the deed over(this will have a fee and you may need a lawyer or something). If the house is mortgaged, call the mortgage company, they will know.

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