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Can a lien be placed on property when wife and husband are both on the deed if only one of the couple has a judgment placed against them?
Wiki User
∙ 9y ago
The interest of a co-owner can be attached by a creditor. That creditor can then petition the court to partition the land if the debt isn't paid and the debtors interest could be sold.
Wiki User
∙ 15y ago
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If a husband is sued for a auto accident and a judgment is entered solely against him can his wife's wages be garnished for his judgment?
No. Even if the couple reside in a community property state, the wife would be able to use the innocent spouse defense to prevent the judgment from being executed against her as income garnishment. However, all other marital property, including bank accounts, other non exempt assets and jointly held real property would be subject to the execution of the judgment. The exception would be any marital property held as Tenancy By The Entirety according to the laws of the state in which the couple reside.
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.
In Tennessee can a judgment for damages in a wrongful death lawsuit be executed as a lien against real property owned jointly by a married couple?
Generally property owned by a married couple is held as Tenancy By The Entirety and if only one spouse is the judgment debtor said property cannot be attached by the judgment holder. Please be aware that the exact wording on a deed to real property is very important. In some cases state default laws will apply if the wording is challenged. The best option is for the concerned parties to have the property title examined by a qualified real estate/titling company or attorney.
If your husband dies with a judgment against him what should you do with regard to the judgment?
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
If your wife is sued for something that happened before you were married can a judgment be made against your assets in N.C.?
It would be possible for a judgment creditor to levy a marital bank account that was held as joint tenants. The non-debtor spouse would be responsible for submitting proof to the court the amount of funds which belonged to them. Likewise if the couple have jointly owned property a judgment creditor would be able to place a lien against the debtor's share, but a forced sale of said property would not be possible. What would determine if such action is possible is how the property is titled.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
How can you stop collection agencies from placing liens against real property?
Unless the debt is proved to be invalid there are not options to avoid a property lien once the creditor has obtained a judgment if that is how the creditor chooses to enforce the judgment writ. The one exception might be property held as Tenancy By The Entirety by a married couple. Please be advised that a Mechanic's Lien for repairs and/or improvement on the property can be filed without the due process of a lawsuit.
Can a lawsuit judgment incurred by a spouse be enforced as a lien against a home?
Yes/no if house is only in your name depending on what the judgment is for, pertaining to anything you did together. * If the property was obtained during the marriage and the couple reside in a community property state, then a lien is possible. If the couple do not reside in a CP state a lien is not possible regardless of when the property was purchased.
Who is responsible a married couple in Louisiana enter a mortgage contract the wife lied to the husband for the amount he can not read or write and it was his property put up as collederal?
She has committed fraud against her husband. They are both going to be held responsible and he should consult an attorney.
Can a lien be put on your house because your spouse owes money to their former spouse?
It depends upon the state in which the married couple reside and the way in which the property in question is titled. In community property states both spouses are considered responsible for debts incurred during the marriage therefore all marital property would be attacheable. If the property is titled Tenancy By The Entirety (not available in PC states) the property cannot be encumbered by liens when only one spouse is the named debtor. Please note, it is the responsibility of the non debtor spouse to present the court and/or judgment creditor with valid documentation of the status of the property.
Are you responsible for debt of spouse prior to marriage in Tennessee?
No. Please be advised, that if the creditor sues for the debt and wins a judgment the judgment can be executed against a bank account held by a married couple even if only one spouse is the debtor. The non-debtor spouse would be required to supply the court with documentation of his or her ownership rights to the bank account that could be subject to levy. Likewise, the judgment creditor might be able to place a lien against property jointly owned for the debt owed depending upon how said property is titled.
When you are in an auto accident can your spouse be sued also and all properties attached?
Yes. If the couple live in a community property state both might be subject to legal action. All property held by a marital couple in a community property state would be subject to judgment attachment. In other states what action could be taken against joint marital property and/or assets would depend upon how the property is titled and the laws of the resident state or the state where the accident occurred.
