Posted on: 06th Jan, 2009 09:18 pm
We have a home in North Carolina titled in both me and my wife's names but only my wife's name is on the mortgage. I had some unpaid credit card bills under my names only, and I would like to know if it's legal for my credit card creditor to attach a lien on my house. Or should I quit claim to my wife to protect our house from my creditors since she is the only one paying the monthly mortgage and she had nothing to do with my unpaid credit card bills. Thanks
Hi sychang!
Welcome to forums!
A credit card company can place liens on your property if they want. However, as far as I know, they may not be able to force a sale of the property to recover the debt. If the credit card company has already filed a case against you then I think signing a quitclaim deed or an inter-spousal deed in your wife's name may be considered as fraudulent. Before transferring the property, I would suggest you to consult an attorney.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
A credit card company can place liens on your property if they want. However, as far as I know, they may not be able to force a sale of the property to recover the debt. If the credit card company has already filed a case against you then I think signing a quitclaim deed or an inter-spousal deed in your wife's name may be considered as fraudulent. Before transferring the property, I would suggest you to consult an attorney.
Feel free to ask if you have further queries.
Sussane