Lis Pendens Served to Wife Not On Title Florida?

[jhill24]

What is the name of your state? Florida
Thank in advance for your help in answering this question.

In April of 2005 I purchased a 2nd home in Cape Coral, FL. I now am in a situation where I am unable to make the payments on the property. I was served a lis pendens from the lender and also from the HOA. At the time I purchased the property I was not married but have since been married. Another lis pendens from the HOA was served to my wife recently. The title of the home was not changed and she is not on title or any of the mortgages. Can they serve her and sue her and place a judgement on her credit for a property she had no part in purchasing? If so what law(s) allows for the plantiffs to serve her? If any advice could be given on what steps we should take it would be greatly appreciated.

[nextwife]

Originally Posted by jhill24

What is the name of your state? Florida
Thank in advance for your help in answering this question.

In April of 2005 I purchased a 2nd home in Cape Coral, FL. I now am in a situation where I am unable to make the payments on the property. I was served a lis pendens from the lender and also from the HOA. At the time I purchased the property I was not married but have since been married. Another lis pendens from the HOA was served to my wife recently. The title of the home was not changed and she is not on title or any of the mortgages. Can they serve her and sue her and place a judgement on her credit for a property she had no part in purchasing? If so what law(s) allows for the plantiffs to serve her? If any advice could be given on what steps we should take it would be greatly appreciated.

In most states the spouse must be served because of any potential marital property interest they may have. She is not personally liable for the payments, however, if she never sihned the mortgage/ note. Joint assets could be at risk however.