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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3920
Experience:  30 years of experience
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My husband of six months just got papers from the Court's to

Customer Question

My husband of six months just got papers from the Court's to pay a lady he know be for me 10,000 he does not have it if it was not for my income he could not even pay his bills what I am asking could he lose our home over this could she go for our bank account which has my name on it which my check gos in to each week and should he file Bank rup
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? What is the value of your house? How much is your mortgage? Also, do you happen to own it as tenants in the entirety? Or are both your names simply on the deed? Thanks.

Customer: replied 1 year ago.
Only his name is ***** ***** deed he was behind in payments its been my pay that has helped us get up to date we have to pay on time before my name gos on the deed and we owe as of now 83,000
Expert:  Richard replied 1 year ago.

Thanks for responding. I'm in the middle of researching several issues for other customers and want you to be able to receive a timely response rather than having to wait. Given this, I am going to opt out so another expert can timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The issue of whether this woman can reach your home titled only in your husband's name is ***** ***** than you might think. First the good news, while she may be able to obtain a Lien against your property, she can not force you to sell the property. The lien would potentially remain against the property until it is sold, but you do not need to worry about being forced out.

Next, she may not be able to obtain a lien against the property. That is because under North Carolina law, even though the property is not currently jointly held, the Courts may view the property as joint marital property anyway.

The legal principle that provides for this is called "Transmutation." Transmutation refers to a change in the status of property from separate to marital or - less frequently - from marital to separate. While it would be better from your perspective to have the property deeded as Husband and Wife, the fact that you have been making payments on the house could very well be sufficient for you to exercise your marital claim to the property. In such case, a lien against it for the premarital debts of your husband would not be appropriate.

This is complicated though, and it would be wise to discuss this with a family law attorney who can prepare the necessary documents to support your position.

It is important to know that a judgment lien is created automatically on any property owned by the debtor in the North Carolina county where the judgment is entered. So it may be necessary to file a Petition to remove the lien by asserting a prior Transmutation in your favor.

Also note that a judgment lien in North Carolina will attach for a period of ten years. After which it must be renewed.

Finally, a creditor's ability to collect under a judgment lien is limited by your homestead exemption.

So you have good reasons to rest a lot easier, but you still need to attend to this.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.