What to do if my husband has a judgement for a repo that happened before we got married?

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What to do if my husband has a judgement for a repo that happened before we got married?

After we married we moved into the house that I owned. Can we sell his property (owned solely by him) to satisfy the debtor would our best bet be to turn the land over to the bank? There is a lien on the land by the bank. Will they take the land as a payment for the repo debt?

Asked on February 21, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a judgment owed by your husband for a debt before you married him, he is solely responsible for that obligation not you. However, under certain laws regarding maritial assets one half of the assets obtained during your marriage could be subject to pay off his debt.

If your husband wishes to sell property owned by him to pay off this judgment where the net assets from the sale can be used to pay off the judgment, that is one possibility to eliminate the judgment against him.

Most likely the judgment creditor will prefer cash to pay off the judgment owed by your husband as opposed to a land transfer for satisfaction of the judgment. I suggest that you and your husband consult with an attorney that practices in the area of consumer law to assist you for any further questions.


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