QUESTION

If my husband was living in my house and selling drugs and got busted but I wasn't living there at the time, can they take my house away?

Asked on Sep 14th, 2007 on Criminal Law - Texas
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If my husband was living in my house and selling drugs and got busted but I wasn't living there at the time, can they take my house away?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Federal and state civil forfeiture laws allow the government to take a house that is used to store or facilitate the sale of drugs. The action is against the property, not the owner of the property or the person responsible for the illegal activity. Once the action is filed, anyone with an ownership or possessory interest in the property can file a claim and contest the forfeiture. There is an "innocent owner" defense available to owners of property. To prevail, you will have to establish that you had no knowledge of your husband's illegal activity and that he used the property for illegal purposes without your consent. You will also have to show that you could not reasonably have known he would use your property to store or sell drugs. There are strict time limits for filing a claim in a civil forfeiture action. You should contact an attorney who handles these matters in your jurisdiction as soon as possible to assist you with filing a claim and advising you as to your chances of prevailing on an "innocent owner" defense.
Answered on Sep 14th, 2007 at 12:10 AM

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