Lien On Home

Profile picture for Anthony755
If your wife is on your home title but not your home mortgage loan, and she were to default on a large amount of her credit card debt (e.g. $35K), could the creditors put a lien on the home even though the credit card debt is hers and the home is jointly owned with her husband?
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0Yes

January 28 2010 - Oxford
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Answers (2)

Profile picture for sunnyview
You might want to try asking your question in the avvo.com forum here. There are attorneys in your area that can tell you what the law is in your state in this situation and can meet with you if you need to take legal action to protect your house from creditors.
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January 28 2010
Profile picture for Scott Loper
I believe this would largely depend on how you and your wife took ownership of the property (ie. Joint Tenancy, Tenancy in Common, Tenancy by the Entirety, etc).  If you bought the house before marriage, you may have used one of the first two options and may have more exposure.  If you bought the home after marriage, it's likely that you used the latter option and may have some protections.  Either way, you should consult with a good attorney who can review your specific situation and give you expert advice.
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0Yes

January 28 2010
 

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