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In Massachusetts can a debt collector place a lien or judgment on joint property if the debt is only owed by one spouse?
Wiki User
∙ 8y ago
Mass. does have a Tenancy By The Entirety statute. Which may or may not protect marital property when only one spouse is the debtor. The problem arises if the "necessity" clause is valid. This is a portion of the law that states that any debts incurred for necessities, such as food, shelter, medical, etc. is owed by both spouses. It is seldom used,but can be very complicated. The homestead exemption is a liberal one it was $300,000 it now may possibly be as much as $500,000 depending on the situation. However the homestead exemption is NOT automatic. It must be filed BEFORE any legal action has been instigated or it will not be valid. Mass. creditor/debtor laws are rather confusing. It would be advisable to seek legal representation.
Wiki User
∙ 8y ago
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Can a spouse quit claim a home to the non debtor spouse to prevent a property lien by a judgment creditor in Ohio?
A property lien is an attachment to the property, not the debtor. The answer would be "no", that won't help you get out of paying the debt.
Can a spouse's income be garnished by a judgment creditor?
Yes, if the spouse is a co-debtor and named in the final judgment writ. Or the married couple reside in a community property state and the debt was incurred during the marriage.
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.
If your spouse has a judgment against them can it also be filed in the other spouse's credit report?
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
When a judgment is executed is it an 'automatic' lien on the debtor's property?
A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.
Can a credit card company put a lien on a jointly owned property when only one person is named the debtor in North Carolina?
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.
In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
Is a spouse responsible for debt incurred before the marriage?
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
Are you responsible for a spouse's debt before marriage?
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
Can credit card companies put a lien on a house for unpaid debt if you bought your house through an owner carry?
Yes, it is irrelevant how the property was purchased. If it is titled in the judgment debtor's name a lien can be placed on the property. The exception could be if the judgment debtor is married and does not live in a community property state and the spouse is not a co-judgment debtor.
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?
yes of course
Are debts acquired after marriage by only one spouse be considered community property?
It varies from state to state, depending on if you live in a "community property" state. Lets assume that you do for the sake of this question. Debts acquired after marriage by either spouse are considered owed by both. In the event of divorce its this "community property" that often is the source of much dispute, not only the assets but the debts. Like who gets the house, who pays the credit cards ect.. Debts by one spouse may not appear on both persons credit report as I have seen personally, however if your spouse defaults on a debt its possible a collector will come after you and if they deem it necessary may get a judgment and garnish your wages if the spouse isn't working. They will go after the spouse first as that is who owes them. If you are unsure if you live in a community property state i would google " is ___ a community property state?" and see if you can get a specific answer.
