QUESTION
Can marital residence, bought during marriage, which is only deeded in husband's name be attach by his judgment creditor?
Asked on Oct 07th, 2016 on Bankruptcy - Nevada
More details to this question:
Tort judgment was just recently handed down. Can the judgment creditor attach to the marital residence and execute, lien, or nothing? My name isn't on the deed.
7 ANSWERS
Yes, under most circumstances. Any lawyer worth their salt would have to review everything to give you a legal opinion (or a definitive answer).
Answered on Nov 01st, 2016 at 6:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If your name isn't on the deed, then he is the sole owner and his creditors can attach the property. His creditors can't sell the property because it's subject to your spousal rights, but he can't sell the property either because it's subject to the lien.
Answered on Oct 31st, 2016 at 6:55 PM
1 Award
A judgment against husband will attached to a home in husband's name. A judgement against wife will not attach to a home titled only in husband's name. If property was transferred from one spouse to another shortly before a judgment then the judgement holder can sue the spouse to still get the lien on that property.
Answered on Oct 28th, 2016 at 6:58 PM
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All judgments against a judgment debtor when recorded with the county recorder's office attach to all real property in the judgment debtor's name. Nevada has a homestead exemption of $550,000 so the judgment creditor cannot foreclose on the lien if there is less than $550,000 equity.
Answered on Oct 28th, 2016 at 6:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's not clear if you are the male or female spouse. In any case, in most states, including Wisconsin, a judgment lien attaches to all the judgment debtor's real estate in the county or counties where the judgment is docketed, and covers all the real estate he or she acquires within the ten years following the docketing. While an argument is sometimes made that a lien against property titled in one spouse extends to the other spouse's marital Interest in the property, most would agree that it does not, unless both spouses are defendants in the case. Good Luck.
Answered on Oct 28th, 2016 at 6:57 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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If your name is not on the deed how could it be a marital residence? It's your husband's not yours.
Answered on Oct 28th, 2016 at 6:57 PM
Absolutely, a judgment creditor can force the sale of your residence unless you have your spouse promptly record a Declaration of Homestead at the county recorders office. The forms are available online at the recorder?s website for free and it costs a whopping $18 to record. Sounds like a no brainer solution to me!
Answered on Oct 28th, 2016 at 6:56 PM