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Can a spouse's judgment from credit card debt effect your home or personal property in Florida?
Wiki User
∙ 11y ago
The answer may depend on what type of purchases or services were charged to the credit card. If there are charges for merchandise or services that were used by both parties or that both benefitted from, the creditor may be successful in attaching commonly owned property. Examples are home improvements, groceries, vacation expenses, clothing for both husband and wife, fuel, etc. You should consult with an attorney in your jurisdiction.
The answer may depend on what type of purchases or services were charged to the credit card. If there are charges for merchandise or services that were used by both parties or that both benefitted from, the creditor may be successful in attaching commonly owned property. Examples are home improvements, groceries, vacation expenses, clothing for both husband and wife, fuel, etc. You should consult with an attorney in your jurisdiction.
The answer may depend on what type of purchases or services were charged to the credit card. If there are charges for merchandise or services that were used by both parties or that both benefitted from, the creditor may be successful in attaching commonly owned property. Examples are home improvements, groceries, vacation expenses, clothing for both husband and wife, fuel, etc. You should consult with an attorney in your jurisdiction.
The answer may depend on what type of purchases or services were charged to the credit card. If there are charges for merchandise or services that were used by both parties or that both benefitted from, the creditor may be successful in attaching commonly owned property. Examples are home improvements, groceries, vacation expenses, clothing for both husband and wife, fuel, etc. You should consult with an attorney in your jurisdiction.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThe answer may depend on what type of purchases or services were charged to the credit card. If there are charges for merchandise or services that were used by both parties or that both benefitted from, the creditor may be successful in attaching commonly owned property. Examples are home improvements, groceries, vacation expenses, clothing for both husband and wife, fuel, etc. You should consult with an attorney in your jurisdiction.
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Can spouses be held finanancely responsible for other spouses judgment?
Only those listed in the judgment can be held accountable. If the creditor motions for the court to hold another party responsible, and sufficient reason is given, say the other party has possession of property that is security against the debt, then it is possible. At that point the other party can be added to the judgment and help responsible.
Can a lendor get a lien on a home owned by both spouses if the debt is to one spouse?
Yes, and regardless of your State, marital status, or any homestead exceptions. However, most credtiors can only put a judgment against the title of real property which are junior to a lien position. Exception would be any loans collateralize by the property and any trade service preformed on the property. However, at the end of the both liens and judgments get paid at closing on the sale or transfer of the property.
Can personal credit card debit effect the spouses business?
Yes, it can, unless the spouse's business is incorporated.
If you have been sued for nonpayment of a credit card but everything is in your husband's name except your bank account can a judgment be placed against you and can they freeze your bank account?
If the debt is valid and proper legal procedures according to state laws is followed a judgment will be granted if the plaintiff wins the lawsuit (they will). Whether the joint bank account can be levied or other property attached by a lien or even a forced sale, depends on state laws and how the property is titled. For example, if you live in a TBE state, a judgment cannot be levied against a joint marital account, although the creditor might still try. If you reside in a community property state most debts are considered joint and both spouses are responsible, regardless of who is the account holder.
Can someone press charges against their spouse for using their individual checking account in Florida?
If the spouses name isn't on the account, it's illegal. If the spouse signed your name, it's forgery.
In a divorce situation in Florida should both the husband and wife be grantors on a quit-claim deed when conveying the property to one of the spouses as grantee?
Only the spouse who will not be getting the property needs to be a grantor on the deed. In essence, one of the spouses is surrendering their share of the property over to the other.
Can spouses be held finanancely responsible for other spouses judgment?
Only those listed in the judgment can be held accountable. If the creditor motions for the court to hold another party responsible, and sufficient reason is given, say the other party has possession of property that is security against the debt, then it is possible. At that point the other party can be added to the judgment and help responsible.
If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?
In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.
If a car is titled to husband and wife in Florida can a credit card company take it for a judgment if the card is in only one name?
No. Florida has the reputation of being a "debtor friendly state". In this case debts incurred before marriage cannot be applied to both spouses.
Can a joint property be seized for a judgment against only one spouse in the state of Texas Even though spouce signged quit claim deed before judgment?
In Texas, a joint property can still be seized for a judgment against one spouse, even if the other spouse signed a quit claim deed before the judgment. This is because Texas is a community property state, and joint assets are generally considered to be owned equally by both spouses regardless of individual financial obligations or actions such as signing a quit claim deed.
How can you put a lien on a home in New York?
File a lawsuit in the correct court of venue, if the plaintiff wins they will be awarded a writ of judgment, execute the writ of judgment as a lien against real property owned by the debtor. NY is a TBE state, a lien against joint property held by a married couple may not be valid unless the debt is owed by both spouses.
Is inherited property in Tennessee considered marital property for both spouses?
No, what you inherit is yours and not part of the marriage.
In the state of Florida will you be liable for your spouses child support if you get married?
yes
Can purchasers of farm property which are all in a community property state buy the property thru an llc that is in a non community property state to protect themselves from spouses or future spouses?
That's complicated enough, and the consequences of getting it wrong are severe enough, that you really should consult an attorney.
If both spouses own the house but only 1 spouses name is on the deed to the property how is it divided in Virginia?
it's your house. it's your house.
Do spouses have to sign deeds in nc?
Any owner of real property must sign a deed in order to transfer title to a new owner. If both spouses own it then both spouses must convey it.
In Florida can you protect assets solely acquired during a separation from your spouse from being included and partitioned as marital property?
Yes. Florida allows married couples to hold property as separate entities and such property is usually not subject to distribution between spouses when the marriage is dissolved. In those states that are not community property states, the law provides for equitable distribution, meaning one spouse may receive a larger portion of marital property than the other, depending upon the individual's circumstances.
