Legal Question in Criminal Law in New Jersey
judgement
If a person pleaded guilty to an assault charge, and he is to pay 120,000 for a judgement and does not pay, can property owned by husband and wife be seized? What happens if he dies, does the debt get wiped out? Is the wife at all responsible for a debt her husband incurred? Can she sell property that has a lien on it after her husbands death without paying off the judgement? So far none of the debt has been paid, and there are several properties owned by him and his wife.
1 Answer from Attorneys
Re: judgement
Property owned by husband and wife usually has the right of survivorship, meaning that when one
spouse dies his interest dies with it and the lien falls with it because the lien is against his interest only. If there is a judgment filed with the court as you say there is a lien on any other property in the husband's name, only.
More facts are needed to answer your question. I would need to see the deeds to the properties.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Related Questions & Answers
-
Assault I would like to know if I should or if I can file for an assault case... Asked 3/10/06, 3:25 pm in United States New Jersey Criminal Law