Joint owned home and rights of survivorship

by Barbara
(Salisbury , NC)

Can debtors put a lien on joint owned propety if there are not enough assets to pay my husband's credit card bills that were in his name only? I live in North Carolina.

Reply from


We aren't attorneys and can't give you legal advice. However, we can tell you that generally collectors who collect credit card debts can't place a lien on property until they first sue the debtor and get a judgment.

We would suggest you read our pages about being sued by a debt collector for more information on this process.

We would also recommend you read our information about bankruptcy exemptions because generally the same property that is exempt in bankruptcy is safe from creditors.

As to your specific question, depending on the situation, a creditor that gets a judgement may be able to go after joint property - even if it is to collect individual debts. That's why it would be a really good idea for you to talk with a bankruptcy attorney to find out what this creditor or collector can do if you are unable to pay the debt.

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