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Re: Please RE: Complaint?


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Posted by Why Chat (209.240.198.61) on May 26, 2003 at 14:14:21:

In Reply to: Please RE: Complaint? posted by Dignout on May 26, 2003 at 06:58:46:


If you and your husband own your home together as joint owners "in the entireties" which is the form of joint owership in Oregon (if you acquired title together at the same time) then any judgment lien on your husband in ANY amount cannot be placed as a lien on your home.

Tenancy by the Entireties
Twenty four states permit a husband and wife to own real property as a "tenancy by the entireties". With a typical form of joint ownership, the property is subject to the claims of either spouse. With tenancies by the entirety, neither spouse can sell the property or any interest in it without the consent of the other spouse. The creditors of one spouse can't take the property.

In some states, this form of ownership for any real property held jointly by spouses is assumed, but in other states you must take special steps to be sure your property is protected. Also, there are time limits in some states as to how long the property must be held in the entirety before it's protected . A few states provide protection for personal property as well.
The following states provide exemptions for homesteads owned by husband and wife as tenants by the entirety.
 
Alaska Arkansas Delaware Florida Hawaii Indiana Maryland Massachusetts Michigan Mississippi Missouri New Jersey New York North Carolina Ohio Oklahoma Oregon Pennsylvania Rhode Island Tennessee Utah Vermont Virginia Wyoming



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