Mortgage USDA

[shalanedeann84]

I live in Louisiana and bought a home through the USDA before I married my husband. I cannot afford to pay the mortgage and do not live in the home anymore. Can the USDA come after my husband or garnish his wages on a mortgage I acquired before I married him?

 

[latigo]

I live in Louisiana and bought a home through the USDA before I married my husband. I cannot afford to pay the mortgage and do not live in the home anymore. Can the USDA come after my husband or garnish his wages on a mortgage I acquired before I married him?

If you are asking whether or not your husband's earnings can be made subject to the payment of your separate debts, the answer is yes. However in case of a divorce he may be entitled to reimbursement. Why?

Because Art. 2340 of the Louisiana Civil Code provides that his earning are community property. And Art. 2345 states that "both separate and community obligations may be satisfied during the marriage from community property".

I can't say whether in Louisiana a spouse's earnings due and payable are subject to garnishment by the other spouse's separate creditor. I suspected that they are.