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    jhanon's Avatar
    jhanon Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 9, 2013, 10:53 PM
    Can my mom lose the house because of credit card debt accrued by my dad?
    We live in California. Parents both own a home together and my mom is almost finished paying off the mortgage for the house. However, she recently found out that my dad has a debt and secret bank accounts since 2 decades ago. His credit is good but he has only been paying the bare minimum and it seems like he never intends to pay off all the debt.

    Since my mom didn't want anything to happen to the house, she wanted to take out a home equity loan to pay off my dad's debt since the interest rates for his current debt (due to credit card debt/cash advance, etc totally $20K) are extremely high.

    Problem is, I don't think that my dad is planning on changing his irresponsible spending habits (keeps taking money/gambling) and I'm afraid that my mom will end up paying off his debt for the rest of her life. I think the only reason my mom isn't pushing for a divorce is because of this house.

    Are there any legal actions/options she can pursue so that whatever debt he accrues in the future does not affect the house?

    Thank you for any help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 10, 2013, 02:53 AM
    Do not borrow money the dad will just borrow more and get deeper in debt.

    Divorce and have dad give mom house in divorce.

    They can not take the house, but they can get a judgemetn agaist dad and put lien on house.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Aug 10, 2013, 04:00 AM
    See if dad is willing to sign over the house to her in return for paying off his debts. She should wait until the mortgage is paid, then have him quit claim the house to her. Then she gets a loan to pay off the debts. The house should them be protected from any further debt he incurs.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 10, 2013, 04:41 AM
    Quote Originally Posted by ScottGem View Post
    See if dad is willing to sign over the house to her in return for paying off his debts. She should wait until the mortgage is paid, then have him quit claim the house to her. Then she gets a loan to pay off the debts. The house should them be protected from any further debt he incurs.
    Except that California is a community property state.

    She needs to seek the services of a California attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Aug 10, 2013, 04:54 AM
    Forgot about that

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