What to do if my wife has 2 judgments against her from a few years before we were married?

They are now at least 12 years old. We bought a home several years after we married with myself being on the loan singularly and the deed in both our names. Can this property have a lein placed against it for her old debts?

Asked on January 16, 2013 under Bankruptcy Law, Virginia


Darren Delafield / Darren Delafield

Answered 8 years ago | Contributor

If the home is in Virginia, you need to have the deed reviewed by an attorney. It is likely that the deed states you own the property as "tenants by the entirety as husband and wife with the right of survivorship." If so, the home has extra protection from the claims of creditors. The extra protection is not necessarily 100% protection. In your case, the protection is likely 100% because the judgment pre-existed your marriage. The home is almost never protected from a claim of the IRS. The answer is complicated. You need to see an attorney.

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