I have a legal question. I am currently separated from husband. He purchased a cabin property years ago while married. He used monies from a separate time (before me) so I signed off property (quit claimed). This property is co owned by 4 other neighbors. During the course of ownership of all neighbors there have been expenses including property taxes,repairs, some legal fees which my husband has never paid. I just received a call from a neighbor who says they are going to take him to court due to his non-payment but she thinks they have to name me in the lawsuit also since we were married. I explained on the day of escrow closing I quit claimed this property to my husband s a married man his sole and separate property. I don't want to be named for something I have no rights to. I believe it will be a small claims court issue sine the amount is around 5k only.
DO THEY HAVE A RIGHT TO COME AFTER ME ONLY BECAUSE WE WERE MARRIED AT THE TIME OR DOES MY QUIT CLAIM STOP THIS? These are collections of bills owed by those on ownership of said property.
Re: responsibility of debt associated with property
Even tho he purchased the property prior to the marriage, if during the marriage he used marital funds to maintain the property or it increased in value, then you would have a right to half the funds expended and half the increase in equity.
Conversely, you would also be liable for half any legal claims that appeared against the property while married, where it is even possible you may be fully responsible if for some reason he fails/cannot pay.
Like my dad used to say, "You don't marry a person, you marry their family." What he meant by that was once married, you become a part of their yesterday, today and sometimes their tomorrow.
Re: responsibility of debt associated with property
OOOOPS, sorry I misread your original post.
NOW I understand that he purchased the property WHILE you were married....And at closing you signed a quit claim deed.
Sorry, but a quit claim deed does not relieve you of financial responsibility that may occur during the marriage, it only removes your right to claim ownership or partial ownership of the property later.
Those folks can easily name you in the suit-it will cost them nothing to do so, but increase their chances of recovery where they will go after you both or the person most likely to pay.