Can a lien be placed on my house by a credit card lawsuit if the house is not in my name?

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Can a lien be placed on my house by a credit card lawsuit if the house is not in my name?

I will attend a court ordered arbitration hearing next week brought by a credit card company. If they win a judgement against me can they put a lien on my husband’s house? Our house is in his name only and was built long before we met. I had this card before we were ever married. The lawsuit papers are actually in my old name.

Asked on June 6, 2012 under Bankruptcy Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, they can not attach assets that are not in your name, even if you are married.  They can, however, attach something that has both your names on it like a joint bank account or a tax refund.  It is in your best interest to settle this matter at arbitration or before.  Good luck.


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