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In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
Yes. Any jointly owned assets do not form part of the deceaseds estate. The assets therefore belongs to the joint owner. This would be true even if the assets was a house.
Yes in most cases there will be a consequence. The spouse is considered to have benefited from the assets of the other.
If all property was jointly owned then ownership automatically passed to the surviving spouse. There is no need to open an estate proceeding.
Your spouse can probably deal with any property the two of you own jointly, but simply being your spouse does not give your spouse the ability to deal with assets titled solely in your own name, contrary to popular belief and "urban legend."
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
YES, they can be taken BUT NOT kept. ALL PP belongs to the debtor and the DEBTOR will have to redeem it.
No. Whatever obligations the person had before marriage, does not carry over into the marriage. Even if the couple reside in a community property state, the assets of the new spouse does not play a part in any "old debts".
Maybe, it depends upon how the property is titled. Generally when a judgment debtor is married and the spouse is not a part of the judgment order, then real property cannot be attached by the judgment writ.
They might be. Anything jointly owned would normally become sole property of the spouse, but, is still part of the deceased's estate. After taking appropriate legal steps for example, a creditor could force the sale of a jointly owned property, splitting the money with the spouse to start paying off the deceased's debts. If all the deceased's assets are liquidated, and it is not enough to pay off the debt though, then the spouse is not responsible for that part, that debt will then have to be written off.
Yes, even if indirectly. If they are still living, yes, they are jointly responsible. Since they are married, any benefit to one is considered a benefit to the other. If the spouse has passed away, the estate is responsible for the medical bills of the deceased. And since the spouse is normally the recipient of the estate, the bills will affect how much the spouse will inherit. Some of the assets, such as property held as Tenants in the Entirety, becomes the property of the spouse. Other assets may have to be liquidated to pay the bills, including medical expenses and funeral costs.
Summary judgment is not generally permitted in divorce.