Legal Question in Family Law in California
Can creditor put a lien on house bought before divorce is final ?
A relative is separated (but not yet divorced) from her husband. The husband owes the casino a lot of money. She wants to buy a house now, the family is willing to gift her some money for that purpose. Will the house then be subject to claims by the husband's creditor ? What are some precautionary measures ? They are both in CA.
1 Answer from Attorneys
Re: Can creditor put a lien on house bought before divorce is final ?
There are a lot of factors affecting the collection of a gambling debt against a spouse. It depends on when the debt was accumulated, whether she knew about it and whether they are legally separated (to name a few). If the purchase is imminent, make sure a legal separation is obtained prior to the purchase, use funds that are not subject to a community property distribution, and obtain a quitclaim deed for the property from the husband. If the creditor has filed suit, attempt to negotiate out of the suit. She should definitely retain an attorney to review the circumstances more thoroughly before going into a purchase.