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Re: Question for Why Chat & Poor lawyer!
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Posted by poor lawyer
(24.88.34.92) on August 11, 2002 at 17:23:53:
In Reply to: Question for Why Chat & Poor lawyer! posted by deluxejo on August 11, 2002 at 17:02:09:
You should really consult an attorney from your state about these matters. The anwers to the questions you are asking will vary a great deal from state to state. Generally though, if a judgment is gotten against your husband and is properly recorded, it is a lien against all HIS real estate in any county in whcih the judgment is recorded. If he owns half of your house, then it is a lien against his half. Generally, even with a lien against one persons interest in real estate, you can't foreclose on that lien. Now, there are a number of other ways to get at that property, again depending on your state. They could possibly, depending on the type of property and what not, sue to partition the property (i.e. split off a portion to be just your husbands) and then foreclose on that. There may also be state restrictions against foreclosures on a primary residence, or a primary residence with children, etc.. Furthermore, even if they can't foreclose on it, it will have an effect if and when you want to sell the property or take out a mortgage on it. The lien would have to be satisfied before doing any of that. Again, SEE AN ATTORNEY before titling the property in just your name. poor lawyer, Esq.
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