Legal Question in Credit and Debt Law in Florida

Can creditors seize real property?

My husband and I live with an elderly family member who is in severe financial distress with credit card and other financial debt. We're concerned that they may attempt to sue and in judgement seize her home, which would put us literally on the street. Can they do this? Also, would it help if she put us on the deed to the house as co-owners? She's actually been contemplating this as she intends to leave the house to us when she passes on or moves into assisted living.


Asked on 10/02/07, 1:46 pm

2 Answers from Attorneys
Andrew Jackson, J.D., LL.M. Jackson Law Group, LL.M., P.A.

Re: Can creditors seize real property?

A qualified attorney would need to evaluate how the title to the property and what type of claim the creditors may have. In essence, your question involves estate planning & asset protection. For now, note that she may be afforded statutory homestead protection.

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Answered on 10/02/07, 3:03 pm
Emmett Robinson Law Office of E. F. Robinson, PLLC

Re: Can creditors seize real property?

She would have an opportunity to file bankruptcy before they could take steps to collect on the judgment. In my opinion adding you all to the deed couldn't hurt.

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Answered on 10/02/07, 9:52 pm


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