Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
If the home is in both names,
and the property is sold, he would pay his proceeds to the creditors, but if the creditors, did not lien the home, or place any type od security or mortgage on the property,
he will not be forced to pay them at the closing,
She would be able to collect her proceeds, as long as his creditors have no lien on the property
If he files bankruptcy, and the house is half his, his half would be sold to satisfy his debts,
she has a legal right to her half of the property
Who ever is on the deed of the property can sell the property,
if they will not allow a sale unless he clears his judgments, than your sister can force a sale through the civil court, in what is called a partition action, where she would be entitled to her half of the property, and he would have to sell the home by Court order to pay her
I don't know if any lien has been placed against the house. If a lien has been placed on the property, would my sister still have a legal right to her half of the property? What about my nephew's house? If his dad's name is XXXXX XXXXX deed with his, can he still sell his house
if their is a lien, the lien would have to be paid first,
if their is no lien she can force a sale through court,
and be paid her half
In terms of the nephew, if his father is on the deed, he can still sell the home, however at closing the fathers debts may be an issue, but that can be arranged with the title closer,
he is entitled to his half also through a forced sale in court as well,
Thank you. I am sure that both my sister and her son will seek legal counsel. I was just seeking some answers for her. How do I go about canceling this account? I will pay the $23 dollars that I agreed to, but you have satisfied my questions
Once you accept you will be able to cancel our service if you wish,
If you have any further questions please do not hesitate to ask
Thank you. You have been very helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).