My dad and I jointly own the house in which I live as joint tenants with right of survivorship. If he were to get sued and lose, could the person suing him come after the house we jointly own? If so, could they also come after my half of the ownership? Or could they not come after any part, since me and my dad own the house and only he would be sued (not me)?
2007-11-24 08:09:13 · 2 answers · asked by Matt K 4 in Politics & Government ➔ Law & Ethics
Any judgment against your father would attach to his half of the property only. If he had a homestead exemption, that would be exempt. As joint tenants with right of survivorship, if he died his interest would evaporate and the property would be yours without being burdened by the judgment. If you died, the property would be all his and all subject to the judgment. (Neither of you can will the property to someone else.)
2007-11-24 08:18:36 · answer #1 · answered by Anonymous · 2⤊ 0⤋
A garnishment against the property of your father will only be imposed on what he owns. Thus, only the amount of half of the house can be taken by the court and the other half will be given to you.
2007-11-24 16:19:10 · answer #2 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋