My partner and I are buying a house together. The mortgage will be under my name her name will be on the

Asked by Cool, Devens, MA Wed May 6, 2009

deed too with her owning 1/3 of the house. What happens if she has credit problems? Can her bank come after the 1/3 of the house?

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6
Adam Bailey, Agent, Worcester, MA
Tue Jun 16, 2009
Her credit shouldn't effect you unless she declares bankruptcy but you should always consult an attorney. If you hold the property in a Trust now one should be able to touch the property except your orginal lender if you stop paying the mortgage.
0 votes
Territory.c…, Agent, MA,
Thu May 7, 2009
An attorney is best suited to answer this question because it really depends on how you take the property. Every situation is different and every State is different.
0 votes
Larry Riggs, Agent, Frederick, MD
Wed May 6, 2009
It depends on how you take title to the property for one. Another point is that your lender may not allow someone who is not on the loan and not related to be on the deed. I suggest you share your plans with your loan officer. For your own protection you should have an agreement drawn up by an attorney between the two of you. If your partner has equitable title to the home then creditors can go after their assets to collect a debt. As I said, check with your lender and attorney and I would still be very careful
0 votes
Dp2, , Virginia
Wed May 6, 2009
Definitely contact an asset protection attorney--before you do ANYTHING else. S/he will be able to help you set up an entity and create a strategy to protect that asset.
0 votes
Betsy Blackm…, Agent, Ann Arbor, MI
Wed May 6, 2009
Call an attorney in your state.
0 votes
Mary Ann Lip…, , Spring, TX
Wed May 6, 2009
depends on the laws in your state
0 votes
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