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Question
Can a judgement solely against my spouse be converted to a lien against my home?
The state is Calif., and the deed is solely in my name. The judgement is for an unsecured loan.
3 months ago - 6 answers
Best Answer
Chosen by Asker
If the loan or the home purchase were made after you were married yes, this is a community property state, and debts count as property. If you owned the home prior to getting married or she took out the loan they can not put a lien on the house. They attach her wages and tax return instead. Her destroyed credit will effect yours though, for better or worse.
by Landlord
3 months ago
Asker's Rating: 
Other Answers
Not a lawyer, and I don't live in CA, but I would think that unless you allowed him to use your property as collateral for the loan, the answer would be no.
by Elsie- 3 months ago
They would have a hard time doing so. ESPECIALLY because the deed is only in your name. This is why do many people keep things separate like you all have. They may try to do it as a scare tactit, but I cannot imagine that it would hold up....you can just call their bluff. A person (for the most part) has to offer their home as collateral...It is hard for a 3rd party to just place a lien against it (except for back taxes!)
by Holly R- 3 months ago
RUN dont walk to an Attorney well versed in Ca Law. It may be a question of spousal attachments. HURRY!!!!
by greeter7- 3 months ago
You need to talk to as lawyer in CA, since CA is a community property states, so my bet that when under state statute the spouse obtains a legal property right to the house based upon length of marriage they maybe able then to tag that equity for payment of judgment also you know not to place any monies into a joint account with the spouse
by goz1111- 3 months ago
I would speak to an attorney as I believe landlords response has this correct. With Ca being a community property state, the possibility is there. If the property was purchased before you were married, then I would say your ok, but if the property wasn't, you may have an issue. While is may not be able to become a lien against the home, if your spouse is need to qualify for a loan, it will have to be dealth with when you refi or sell or purchase a new property, good luck
by Jeromy W- 3 months ago