Can a credit card company put a lien on a jointly owned home if the debt is only owed by one owner? - Bankruptcy Law Questions and Answers- LawQA.com

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Can a credit card company put a lien on a jointly owned home if the debt is only owed by one owner?

My husband has a judgement against him for a unpaid credit card from Feb 2006. The company put a lien on our jointly owned home and our truck. Can they do this?

Answer By Kevin Heupel
Heupel Law
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Yes, a credit card company can put a lien on joint assets including a home and car. Moreover, if there is substantial equity in the joint asset, the creditor can force the sale of the property. In these situations it is very important for the husband to resolve the outstanding debt issue in order to protect the other spouse.

Answer Applies to: Colorado
Replied: 8/10/2011

Mercado & Hartung, PLLC
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it depends, do you live in a community property state?

Answer Applies to: Washington
Replied: 8/10/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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It depends on how your home is deeded to you as husband and wife, but in some circumstances, it is possible to sever the interest of the joint tenants' rights to the real estate by attaching a lien to one spouse's share.

Answer Applies to: Indiana
Replied: 8/4/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, they can do that. It attaches to your half. The judgement lien will attach to the house, not the car. The lien can be avoided in bankruptcy if the the lien "impairs" your exemption in the house. You can expect to pay an additional fee for this service.

Answer Applies to: California
Replied: 7/31/2011

Answer By Alan D. Walton
Breckenridge and Walton
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Yes, once it gets a judgment. But it can't be exercised until the house is sold and if your husband dies you would own it free and clear of the lien. Of course if you own the property as tenants by the entirety, it would be ineffective.

Answer Applies to: Michigan
Replied: 7/31/2011

Law Office of John C. Farrell, Jr.
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Yes a creditor can put a lien on jointly owned property your home - your truck. However, a lien does mean that your creditor gets a penny. It is simply a means to enforce the judgment and to encumber the property. If you decide to sell either one the creditor is only allowed to take the amount granted by the court but more importantly, only as it applies to of the selling amount which is owed by your husband. With respect to your home I would advise filing a homestead exemption which recently changed. With respect to your truck if you have a loan then the loan holder takes their share first not the creditor unless of course they are one in the same.

Answer Applies to: Massachusetts
Replied: 7/30/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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Absolutely. They are putting a lien on your husband's interest in the property which, if in California, is likely a community property interest.

Answer Applies to: California
Replied: 7/29/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
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In some circumstances, yes.

Answer Applies to: Maryland
Replied: 7/29/2011

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