Legal Question in Civil Litigation in Illinois
Property being used in small claims judgments that is not owned by the defendant
I own a home that I purchased in May 2004. I was recently married in August 2006 and my husband now lives with my in the house that I own. My husband is currently being sued in small claims court for unpaid rent and utilities on an apartment he shared with a friend of his before we were married. His ex-roommate specifically waited until we were married to serve the summons for this unpaid rent and is claiming that if my husband does not pay, he will take the steps to put a lien on my house. Can this possibly be done since I am the only one on the mortgage of the house (my husband is in no way attached to the house) and since this lawsuit has nothing to do with me? Is there such a thing as that once you are married, a house becomes a shared asset that can be used in small claims judgments?
1 Answer from Attorneys
Re: Property being used in small claims judgments that is not owned by the defendant
The short answer is "no." However, there are exceptions that may apply to you and/or your marriage. You would do good talking to an attorney very quickly.
I hope this helps,
Taradji Law Offices