Legal Question in Credit and Debt Law in Maryland
My wife has a judgement against her for a credit card debt. We have a house that we are buying, however the mortgage is in my name only. Both names are on the deed to the house. She received a paper stating that the plantiff may file for a lien on any real property owned by the defendant to enforce this judgement. Can the plantiff place a lien against our house for this debt?
1 Answer from Attorneys
Generally no. One of the nice protections of property owned jointly by husband and wife as tenants by the entirety is that creditors of only ONE spouse cannot attach the jointly owned property. Assuming the transfer to both spouses is not fraudulent, a creditor of only one spouse cannot usually get at the property both own.
While I hope this general information helps it should not substitute for getting specific legal advice. The facts of your particular situation may affect how the law applies to you.
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