Asked in LoansMortgagesDebt CollectionMoney Management
If you owe money can they try to take your house if the mortgage is only in your husband's name but the deed is in your name?
October 28, 2005 4:51PM
It depends upon the laws of the state and the way the title to the property is worded. In most states the homestead exemption protects the primary residence from forced sale by creditors, but not from the execution of liens. If the home is held in the name of the debtor only, then it would be subject to creditor attachment. The mortgage issue is only relevant if the mortgage itself is defaulted upon.