Only if it is a community property state which it is not. In the United States there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico allows property to be owned as community property also as do several Indian jurisdictions. Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust. (see Wikipedia: Community Property States).

Anyhow make an pre-nup agreement.

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Thanks!

I found the community property state stuff before; but still wasn't totally clear on it.

The primary reason I am asking about this topic is I don't want me (and us, as a marriage) to lose money in some unforeseen way.

make sure of it and spent some money on counsel, there are certain laws which pull you in even if there is no community property established, most are difficult to handle and lenders usually do not go that way but they can. For example if you get something from her without providing an equal value and she defaults and gets sued, they can go and collect from you within specific time frames and so on
sit down with her and make a financial status for both of you, no embarrassment allowed, we all make mistakes, and make a plan

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Do you think you could explain that part a little more?

Do you mean something like if I was living with her and she was paying all of the mortgage payment? The bank could come after me and my money because I lived in the house and did not provide compensation?

Thanks again!

yes, but its complicated and they have to proof it is done so that she can not pay her debt, expensive and only done when you really piss someone off, most lenders do not even know about it and only a few lawfirms ever do these cases because it can have repercussions and the hours are expensive

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sapphirecapital,

What you wrote above may be true in CA but NOT in Florida.

If your name is not on the debt then there isn't anyway for any creditor to sue and recover from a non-signatory for that debt. The innocent spouse is simply not a party to the transaction.

Florida is a separate property state...... If your name is not on it then you don't own it.

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Gary Spicuzza, *SAFE
Copyright 1956.
No Rights Reserved.
*Self Appointed Financial Expert

sorry to say that you are wrong, it is based in the fraud provisions of the common law, creating a pass through liability when the benefit you receive from a borrower is granted to you without an equal value coming back to the borrower and thus creating a situation that the borrower can not pay the lender. The lender would need to sue the borrower or have a title otherwise and enforce it, when falling short and suspecting that fact for the last year or 3 years, he will sue and does pre-discovery on such third party and the borrower and than argue it was done with the "intent" not to pay the lenders. The common law establishes a three year threshold the state law which runs parrallel in Florida is I believe 1 year for third party claims. Its usually cases where one party wants to make itself judgement proof which brings up such claims.

as a sample see: fraudulent conveyance & fraudulent transfer florida asset protection

I'm not saying this applies here, but there have been cases and banks can look into these even if they loose it can be expensive because the defendant has to put up his money for the legal defense (usually about 50 to 75.000$)

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Thanks for the additional info, sapphirecapital.
Thanks for your thoughts, too, Gary.

What I have found leads me to the conclusion that Gary reached: The debt is not in my name and even if we marry it remains separate. I hope this is ultimately true considering the likelihood we will need to move and that her home has lost about 50% of its value and will take a long time to recover that.

BUT, the reason I started this thread to begin with is I thought some laws might like what sapphirecapital is talking about. Especially because I make more money, am more frugal, and save much more. I can't see the lender not wanting to come after my savings when the amount the bank could sell the home for after foreclosure will be so much less than the amount owed.

Thank you for your opinions!

stay with your name of the property, let her own it all by herself, do not share accounts, have her pay the mortgage from her account only, even if you may give her the money, keep record about it.(just in case, not as a base of argument with her), the way I see it you are safe from the common law fraud attack when you apply discipline and common sense, that yo live together are married etc is not enough argument; sit with her and make a plan, if you want to buy a new home try to structure a short sale for her and then buy the new home separate.

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A mortgage is generally one of the biggest debts that a person faces in life, and a large part of that expense is due to the interest that is added on as time goes by.