I actually have several real estate questions around the sale of a primary residency I own with my wife. A sale is

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Customer: I actually have several real estate questions around the sale of a primary residency I own with my wife
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: a sale is pending
JA: Where is the property located?
Customer: North Carolina
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Matthew L. Esq. in 13 mins 5 months ago
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Matthew L. Esq.
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Matthew L. Esq.
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2694 Satisfied customers
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10+ years of experience
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Matthew L. Esq.
10+ years of experience
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2694 Satisfied customers

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Matthew L. Esq., Expert

Hi. I’m Matt. I will help you with this question. I have been practicing contract law for 22 years. Please understand that everything I say is for informational purposes only, and no client-attorney relationship is created by our conversation. In spite of whatever we may discuss, nothing I say should be considered legal advice, as you are advised always to have independent legal counsel (someone other than an attorney from JustAnswer) review any legal matters you may have.

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Matthew L. Esq., Expert

Please ask your questions.  This platform is really6 only to ask a single question, but ask a few and I will answer them for you

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Matthew L. Esq., Expert

Please post them all at the same time and give me a bit of time.  I'm going to go eat

Customer
Sale pending on a property I own with my wife in NC. Believe she may have a pre-marriage debt judgement. Question is about scope of liability and if judgement will likely be required to be settled at closing
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Matthew L. Esq., Expert

ok..  has the buyer pulled the preliminary title report yet?

Customer
No.
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Matthew L. Esq., Expert

Escrow will be required (the contract states this) to pay off all judgments of record as they are attached to the house.  If the judgment was levied against the house then it will be paid off from the proceeds and deducted from the funds due seller at close

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Matthew L. Esq., Expert

the title report will state all matters of record that are attached to the house

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Matthew L. Esq., Expert

Is there something else I can answer for you, or is there more to this question we can address?

Customer
I understand that. Is the extent of any exposure her equity in the property or can they attach mine too. The debt was hers prior to marriage
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Matthew L. Esq., Expert

well it is not her equity at all that is exposed, it would be the home, itself.  The judgment just needs to be paid off before close, if it is attached to the house, without regard to whose interest it affects

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Matthew L. Esq., Expert

Her exposure is the entire amount of the judgment

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Matthew L. Esq., Expert

until the entire debt is paid off

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Matthew L. Esq., Expert

You are not responsible for any of the debts (judgments) of your spouse that were incurred prior to marriage

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Matthew L. Esq., Expert

If I can be of any further assistance with this question, feel free to follow up at your convenience.  Thank you for using JustAnswer

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