In the state of Georgia, am I a homeowner?

Question

I have gotten myself into a big mess and I am trying to work this out in a reputable way. My husband purchased his home 10 years ago. We married 4 years ago. Am I considered an owner of the home? My name is not associated with the mortgage. I have gotten myself into a real mess and do not want him to be affected in any way.

Answer 1

I don't know if GA is a community property state, but if it is (or has similar rules), it is his separate property, except for the part he has commingled by paying for it with joint funds since you've been married.

Answer 2

It is entirely possible that by being married to you, he has some financial responsibility for your actions. But I don't think it would jeopardize the home. You could always declare bankruptcy and they can't take your home. When you married, he incurred certain community-property issues, I believe (in most states, I can't guarantee if Georgia is one of them), no matter that he owned the home before the marriage, unless there was a well-handled pre-nuptual agreement.

Answer 3

States are divided into two types for the purpose of deciding what spouses own, and how their property is divided upon divorce: "community property" states, and "common law" states.

The following states are "community property" states: Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. In addition, Alaska may also be considered a "community property" state, but only if the married couple makes a written agreement. You may notice that most of the "community property" states are located in the western part of the USA. The reason for this is historical - community property was brought to this country by Spanish settlers in that region.

The fundamental community property principal is simple: During your marriage, all property acquired by either your or your spouse is owned in equal half shares by each of you, as community property, except for property received by one spouse as a gift or inheritance.

Anything that isn't community property is considered "separate property" - that is, property owned entirely by one spouse. Examples of such "separate property" include property owned before marriage, and property given as separate property to one spouse by a will or gift.

In community property states, what you own typically consists of all of your separate property and one-half of the property owned as community property with your spouse. In other states, what you own is all of the separate property and an "equitable division" of property acquired after the marriage.

Answer 4

If the property has not been titled in your name there is little liklihood that your financial liabilities would affect it.


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **