can a judgement from then husband affect the wife on our house,can they take house away from wife she was't part of judgement?
State/Country relating to question: California
nothing,could I have tina's phone so I can call her for appointment,thank you XXX XXXXXX
Hello. My name is XXXXX XXXXX X will be glad to help you.-Could you explain your situation a little more?
other attorney wants to take my house,house is in both names,wife was't sued,how can she take house?
Thank you for your follow up.Was the debt acquired by your wife's ex-husband during the marriage to your wife's ex-husband?Was a judgment obtained against your wife for this debt?Who is contacting you and can you describe who is threatening to take away your jointly owned house?
debt was husband only,judgement is his only,wife wasn't sued
I am judgement debtor,wife and I own house,its called community property,wife was't sued,can they take her half of house?
Thank you for your follow up and further clarification, as I was under impression that you were not the judgment debtor, but a second husband, who had nothing to do with a judgment.Even though the house is jointly owned, since the house is the community property, the judgment creditor can put a lien on the entire house and can foreclose on it and sell it at an auction to satisfy the judgment amount, if the judgment amount is not paid in full or settled.
are you sure the wifes half isn't protected,she is half owner,how they make her pay for something that isn't her bill?
Thank you for your follow up.Unfortunately, because the house is a "community" property, both you and your wife had an undivided interest in it and the creditor of one spouse can have a claim and put a lien against the entire jointly owned house.I am very sorry to provide you with this bad news and I would suggest that you do consult with a local attorney who might be able to negotiate the resolution of this matter which would keep your house out of danger of being foreclosed upon by the judgment creditor, by negotiating some type of a settlement or a payment plan with the judgment creditor.
I THERE A LAW WERE THE CREDITOR HAS TO SUE THE WIFE,SINCE SHE WASN'T PART OF JUDGEMENT?BECAUSE THE IS A CLEAR TITLE INVOLVE HERE?
Dear XXXXX,Thank you for your follow up.Unfortunately, because California is one of the few "community property" states, there is no such law that would require the creditor to sue both spouses and debts of one spouse can attach to the other spouse's assets or jointly held assets.I wish I could provide you with better news, but please understand that I do have professional obligation to provide JustAnswer.com customer with correct and accurate answers, even if the answer is not favorable to the customer
HOW CAN CREDITOR GET CLEAR TITLE WHEN SPOUSE DOES'T SIGN OFF ON SALE,IF YOU LOOK I THINK THERE IS SOMETHING IN THE LAW. THANK YOU DAN
Dear XXXXX,The way the house can be foreclosed upon by the judgment creditor, is not through a voluntary signing of the deed to the house by you and your wife, but by a court action, where the creditor would file a lien and also would file foreclosure action and if the judgment creditor is successful, the judge would order a foreclosure and would put the house up for sale at the foreclosure auction, without any further consent needed from you or your wife.Of course you and your wife will have a chance to be represented in the foreclosure case and to challenge the judgment creditor and the validity of the foreclosure action.
WHAT IS A PARTION SUIT,HOW DOES THE PARTY GET CLEAR TITLE?
Thank you for your follow up.Partition lawsuit has nothing to do with your situation and would only be applicable if the joint owners of the property are not married to each other.
aT THE END OF SHEFF SALE IF ONLY BALANCE OF HOUSE TAKES CARE OF HALF,DON'T THEY HAVE TO SUE FOR OTHER HALF
Thank you for your follow up.Any amount of the proceeds from the sheriff's / foreclosure auction that is left over after the judgment amount plus any additional applicable costs are paid, would be distributed to you and your wife accordingly.
JUDGEMENT AMOUNT IS $500,OOO. SAY THE AMOUNT AFTER SALE IS $300,HOW MUCH DOES DEBTOR GET IF THEY DON'T FILE FOR PARTION SUIT?
Thank you for your follow up.The judgment debtor and the spouse would equally share the amount of the proceeds that is left after the sale of the property and the satisfaction of the judgment amount.
ME BEING DEBTOR AND SELLS HOUSE,BUT JUDGEME3NT IS AGAINST ME,DON'T THEY HAVE TO CLARIFY TITLE SO THE CAN INSURE A CLEAR TITLE,BECAUSE SHEFFIF HAS TO GIVE MONEY DEBTOR,BUT IF MY NAME ONLY SHOWS ON DEBT.COULD YOU MORE EXPLACID ON PARTICION SUIT
Thank you for your follow up.When the court orders foreclosure, the title would be clear, but any lien holders, such as mortgage lenders who have recorded their liens prior to the judgment debtor's lien would have to be paid off first and the remainder of the proceeds will be distributed to satisfy judgment amount and any remaining proceeds will be distributed equally to you and your wife.If the property was acquired during the marriage and also the judgment debt was acquired during the marriage by you, the partition action would not be available to you and your wife under the California law.
IS IT AGANST THE LAW THE PARTITIONOF PROPERTY,I WOULD THINK THEY WOULD HAVE TO SEPARATE THE PRPERTY TO,BECAUSE THE JUDGEMENT WAS AGANST ME.WHEN THE DEAL IS FINISH THEY WILL SAY WHOSE XXXXX XXXXX,THE LAW SUIT IS NOT HIS.
Thank you for your follow up.Dear XXXXX,Unfortunately, as I have stated before, because California is a community property state the judgment creditor will be able to place a lien and foreclose on the Real Property owned jointly by both spouses, even though the judgment is only against one spouse.I would suggest that you do consult with a local attorney, who can evaluate your entire situation and might be able to negotiate a resolution that will help you avoid losing your house.You can find an experienced local attorney in your area by using these well trusted and respected attorney information/referral websites:www.martindale.comwww.justia.comwww.lexmundi.comwww.lawyers.com
Experienced Licensed Attorney / Real Estate Law Mentor
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).