Legal Question in Real Estate Law in Florida

my ex husband is on the deed to the house.

He is being sued by a credit card company. Can they put a lein on the house? We have a settlement agreement which I am owed money when the house sells.


Asked on 12/28/09, 5:04 pm

1 Answer from Attorneys

Alterraon Phillips APLaw, LLC

Credit Card debit is unsecured debit (meaning it is tied to no tangible object.) If the home is your homestead, the credit card company cannot take it and the only way they can put a lien on it is if they first when the credit card case against your ex then go back to court to get permission to put a lien on your home. The court is unlikely to approve such a request especially if the ex is not living in the home and it is your homestead property. If they when a verdict and your ex does not pay, the credit card company will likely try to get a verdict to garnish his wages.

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Answered on 1/04/10, 7:14 pm


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