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If a husband and wife both own property, can a credit card get a judgment against one who owes debt?
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It depends on state law, in Ohio; the answer is yes. A creditor of one owner can put a lien on jointly owned property.
Answered on Sep 09th, 2015 at 8:15 AM
Happens every day. A court judgment is recorded at the county property recorders office and attaches to any and all property owned by the debtor, including property that is jointly owned with another person.
Answered on Aug 31st, 2015 at 7:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, generally, but it will be of limited value until you sell the home or one of you dies.
Answered on Aug 31st, 2015 at 6:10 PM
Yes and that unsecured debt now becomes a secured debt.
Answered on Aug 31st, 2015 at 5:01 PM
Yes, not a lien but an Abstract.
Answered on Aug 31st, 2015 at 1:00 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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The answer depends on how the property is held. If it is held by tenancy by the entireties, no. If it is held otherwise, possibly. However, the lien may as a practical matter be enforceable only if the property is sold for an amount exceeding all mortgages plus the couple's homestead exemptions.
Answered on Aug 31st, 2015 at 12:58 PM