Legal Question in Credit and Debt Law in Florida
Credit Card Debt
In Florida a husband has a credit card in his name only with a $16K balance and can not make the payments. The husband and wife live together in a house that is only in the wife's name (husband's name was never on the house). Can the credit card company attach the husband's credit card debt to the house in lien? Can the credit card company force the sale of the house to pay the card debt?
1 Answer from Attorneys
Re: Credit Card Debt
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No. The wife is not responsible for a debt that she did not incur or agree to. Regardless, a debt cannot even attach to one's homestead under Florida's Homestead laws. The credit card company cannot force the sale of the house to pay the credit card debt.
Scott R. Jay, Esq.