More details to this question:
If a home equity loan was taken out of the home that was from my previous marriage and my ex husband is still in the loan and deed is only in my name, is my current spouse responsible for the half the home given in my first divorce. Took out equity loan 7 years ago for a truck for my current husband. We are divorcing and he is refusing to pay half the equity loan now. And threatened if I go for him to in divorce he will go for half my home. First husband’s name is on the loan and I am the only one on Deed.
2 ANSWERS
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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In California, a debt incurred after date of marriage is a community property obligation. That principal would be strong in your case as the funds from the loan went to purchase a vehicle for husband #2 after your marriage to husband #2.? An important fact would be the terms of your divorce judgment with husband #1 - husband #1 appears to be 50% liable for the first deed of trust (mortgage) and husband #2 would be?50% liable for the equity line. Husband #2's liability may well be 100% if he is awarded the truck that the equity funds were used to purchase.
Answered on Aug 20th, 2013 at 8:18 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your fact statement is a bit difficult to unravel in terms of separate and community property. Separate property is owned prior to the marriage and community property is acquired during the marriage. The court cannot award separate property to the other spouse. If you owned the house prior to this marriage, it is your separate property. With respect to the equity loan, the creditor will sue the parties who signed the note. I suggest you hire a lawyer.
Answered on Aug 20th, 2013 at 3:17 PM