QUESTION

Can a creditor force sale of jointly owned home of unmarried couple when owed by one owner, upon death?

Asked on Sep 23rd, 2014 on Bankruptcy - Michigan
More details to this question:
I am co-owner, with my boyfriend, of our home. When he dies, can I be forced to sell the home to pay his credit card debt?
Report Abuse

1 ANSWER

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
Update Your Profile
If the house is currently owned by both of you as "Joint Tenants With Right of Survivorship" no a creditor cannot attach his interests in the property at any time .. before or after death..If the house is owned by both of you as mere "joint tenants" or "tenants in common" there is a potential that his creditors can attach his interests after he passes. Look at your deed.. if it does not actually say "with a right of survivorship" you are most likely mere tenants in common. Further even if they can force it.. they can only get 1/2 of the equity.. the other 1/2 of the equity is yours.
Answered on Sep 23rd, 2014 at 7:01 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters