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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33103
Experience:  12+ yrs. of experience including real estate law.
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I have judgments against me, but not my wife. They have

Customer Question

I have judgments against me, but not my wife. They have clouded title to her property. What are our options?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The options depend on the context...are the judgements valid?

Customer: replied 9 months ago.
The judgments are against me as part to the 2008/9 crash. They have place liens on my wives real property as they claim they are community property. These are now and have always been her property.
Expert:  P. Simmons replied 9 months ago.

Thanks
Can you tell me:

1. The properties were hers prior to your marriage?

2. There has never been a mortgage on either property from the marriage?

Customer: replied 9 months ago.
1. No All properties were bought while we were married....
2. Yes -- All Properties have mortgages on they that I had to sign on.The properties are now and have always been in her sole control, management and say so. I have no input, control or management of the properties and never have. Long explanation, but this is how we have stayed married for 35 years....
Expert:  P. Simmons replied 9 months ago.

Thanks​

Then they are community property.

Regardless of how you may have decided to title the properties, since they were purchased during the marriage??

They are community property. You have an equal ownership in them. If you were to divorce? You would get half the equity.

Because of this, the creditors can impose a lien

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that because they are not in your name you have no ownership interest, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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