Foreclosure Law In Arizona

Foreclosure Law In Arizona
Foreclosure Law In Arizona

Question: guidelines for property ownership in Arizona. What happens if someone's name is on title but not mortgage?

My sister in law and her husband own a house together in Arizona. The situation in their marriage is not good. He is abusive and she wants out. Both of their names are on the title but only his name is on the mortgage. She is afraid that if she leaves and he lets the house go into foreclosure, the bank can come after her and affect her credit negatively. I do not believe that this is the case. I think that the bank will repo the house, but only his credit will be affected. He is trying to get her to stay by saying that if she leaves, her credit will be ruined because he will let the house get repo'ed. Can someone give me a little clarification on this matter? I appreciate any info you can provide. Regards, Matt.
What if she were to quitclaim the house? Would that end her liability?

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Answer: The husband is correct. AZ is a community property state and unless the husband inherited the house she is just as responsible for it as he is, it does not matter that she is not on the mortgage.

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