Can a lien be put on my husband's house for credit card debt I incurred before we were married?

Question

He also had puchased this home before we were married. Also the SOL had probably run out on this debt before we were married.

Answer 1

I agree with Spifiman and HA
(Peter, there is a debt collecting SOL for EACH AND EVERY state)

If your name is not on the loan or title, they cannot place a lien on it whether you are still within SOL or out of SOL.

If you are past the collecting SOL it would be in your best interest to head them off before they consider filing an "illegal" lawsuit by sending them a SOL letter

I read through your past Q&A's to see if I could find a state on you.
If you live in NC then the collecting SOL for both open and written is 3 years

Open Acct.: §1-52(1)
Written Contract Not Under Seal; §1-52(1)
§1-52. Three years.
Within three years an action -
(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1- 53(1).

If it is a collection agency or a collection lawyer, you might find the following NC statute informing

Sections 58-70-90 et seq. of the General Statutes proscribe certain acts and conduct by collection agencies engaged in the collection of consumer debts. Acts and conduct prohibited include threats and coercion, harassment, unreasonable publication, deceptive representation, unconscionable means, unauthorized practice of law and court appearances, sharing of office space with a practicing attorney or any type of lending institution. Violators of any of these provisions may be liable for penalties in a sum not less than $100 nor greater than $2,000, per violation. (? 58-70-130.)

You might click on my profile and click on the last link I have listed to the "free" credit discussion board. Do some reading. You would also be able to find debt validation and SOL letter templates.

Answer 2

No, not unless he added your name to the title after marrying you. If the SOL has run out then even in the case where he added your name to the title it can't be lien ed. I would check on the statute of the state where credit was obtained to be sure. It is better to be safe than sorry, but if the house is not in your name, it wouldn't matter, as you have to be on title, or own part of the property for it to be lien ed.

Answer 3

in assessment to those that prefer to choose others, i visit respond to your question. NO! any debts incurred ahead of the marriage belong to the guy. they could not touch his income or impression his credit. although is a few states, any assets help jointly after the marriage could have a lien located on it meaning you will possibly could pay the debt once you offered the valuables. interior the USA there are 9 community assets states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico facilitates assets to be owned as community assets additionally. Alaska is an choose-in community assets state; assets is separate assets till the two events conform to make it community assets via a community assets settlement or a community assets have faith. If assets is held as community assets, each and each substantial different technically owns an undivided one-a million/2 pastime interior the valuables. this sort of possession applies to maximum assets obtained by utilising the husband or the spouse throughout the time of the direction of the marriage. It usually does not word to assets obtained ahead of the marriage or to assets obtained by utilising present or inheritance throughout the time of the marriage. After a divorce, community assets is divided the two in some states and in accordance to the discretion of the courtroom in the different states. wish this helps answer your question.

Answer 4

When the debt was incurred is not important. What is important is if it's in your name only. If it is, your husband can not be held liable unless you live in a community property State of which there are only 9 AZ, CA, ID, LA, NV, NM, TX, WA & WI.

The only other way they could come after the home is if your husband put your name on the deed after you were married.

If the S.O.L. has expired? Then all of this is mute because there is nothing they can legally do anyway.

Try this to look up the S.O.L. for your State.
http://www.bcsalliance.com/index.html

Answer 5

Speaking as a nationally known credit score and mortgage lending expert (book, radio shows, newspaper columns)...

Credit cards are almost always UNsecured debt. The worst that can happen for unpaid unsecured debt is a court money judgment against the card holder(s) only, no one else.

Answer 6

Depends on the state that you are in. Generally no but you are going have to watch carefully that it doesn't get filed anyway.
SOL applies to crimes against the state - not debt generally. This is not applicable in the US except in penal code.

You must protest the application of a lien - there is NO default rejection of a lien. Ask your county clerk about how liens are filed.