Legal Question in Bankruptcy in California

Re: liens

The answer to your question requires a lot of information. If you mean that the house is in your husband's name only, and the debt is only in your name, then they may not be able to; however, if the home was purchased or "maintained" using funds earned during your marriage, then it is generally considered to be part or all community property regardless of how title is held. In that case, yes they can put a lien on the home. Secondarily, make sure that the debt truly is in your name only. If any of the debt you incurred when to the "community" (meaning husband and wife or family), then the debt could eventually be declared to be a community debt and therefore attach your husband's interest in the home. You need to sit down with an attorney and review the specific facts before you can determine if the lien could attach the home or not.

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