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There are several factors that determine if creditors can attach real property by the use of a judgment lien and/or if the property is subject to forced sale. Several states do not allow the forced sale of a primary residence for repayment of creditor debt when the property is not used as loan collateral. Every state has an established homestead exemption that can be used to protect a home from creditor action and possible forced sale. The titling of the home is also important especially if it pertains to a married couple. Married couples living in states where marital property can be and is titled as Tenancy-By-The-Entirety, can protect real and personal property from any creditor action if only one spouse is the debtor. This is not true in community property states all assets and all debts belong to both spouses regardless of who incurred the debt or earned the assets/income during the marriage, therefore all property is subject to some form of creditor action. It is extremely important that the primary residence be properly titled and recorded in order for a homestead exemption to be valid. In many states a homestead exemption is mandated in the state statutes, other states a declaration of homestead must be filed with the county recorder's office. This is quite a complicated issue and it would be advisable in such a case as this to obtain legal representation or at the very least legal advice as soon as possible. Most attorneys offer free or minimal fee consultations. The ABA offers free attorney referral service on their website, http://abanet.org (macky83@juno.com)

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Q: If you have a house worth 200K owned jointly with your husband but he left the country with 40k on secured loan and 32K on personal loan will the lenders take your house?
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