Spouse Credit Card Judgement In Texas

[Anonymous]

Hello,

I recently discovered that my wife has a 6k judgement showing under her personal records section of her credit report for a credit card debt.

Since we live in Texas and t it is a community property state  I can be held liable for her debt.

What I have learned so far is in Texas wages can not be garnished for credit card debt but bank accounts and assets can be.

This is what really got my attention since we are saving for a house and currently can not afford to pay for both at the moment.

I spoke with a lawyer today and they informed me that any bank account that has her social tied to it they can garnish but they can

not garnish my bank account wages with my social security only tied to them that is was illegal for them to do so. Is this true? This

is all getting confusing? 

Also I was told that going conventional for a home loan in my name only and not using her for qualifying purposes that her judgement 

will not be counted against me and keep us from purchasing and closing on a home, is this true? I know FHA is different.

Thanks for the help!

[Momof5]

I have never bought a house with a husband on the mortgage.  Once I informed that the mortgage would be in my name only, they never looked at any info regarding the spouse.  I have done FHA and VA mortgages without problems.

[Anonymous]

To my knowledge FHA would not only require me to settle her judgement but they would also count her debt as part as my DTI.

I also was under the understanding that FHA requires both spouses on the application.

[Anonymous]

I read in the mortgage forum that in community property states, regardless of who is applying for the lian, any debt over 1k has to be paid before applying fha.

I believe it was 1k.

[Anonymous]

Yes that is my understanding too. FHA would require me to settle her debts. I know if I go conventional they will not use her debt as part

of my DTI since I will not use her for qualifying purposes. I just dont know how they will handle the judgement or if it will somehow come up

during the purchasing or closing process and how they will handle it since Im using only my name on the application.

[Anonymous]

Just an opinion but I would think this would be a concern to the lender since it is a mutual property state. They could look at the home as a mutual asset.

[Anonymous]

I would ask the mortgage loan section here on the forum.

[Anonymous]

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@Anonymous wrote:
I would ask the mortgage loan section here on the forum.

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I have tried asking on the mortgage forum as well. No one as of yet can really say for sure. Would the lender look into 

my wifes personal recoreds etc when we are not using her on the loan what so ever? The only thing that I was told I may

need from her was to be put on the deed? Would this trigger something?

[Anonymous]

I can't say because I am not familiar with Texas but other mutual property states, like California, would look into anything of your wife's that could compromise loan. Like a judgement.