Legal Question in Credit and Debt Law in Pennsylvania

credit card dept

My husband has alot of credit card bills which are each month getting harder to pay. If we no longer can pay these bills is there anyway they can take our house? We where thinking of taking my husbands name off the house and leaving it in my name only. My name is not on any of the credit cards. Would it be a good idea to take his name off the house? Would this prevent us from lawsuits,liens, etc? and would I still be responsible for the debts?


Asked on 12/03/08, 12:54 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: credit card dept

You asked about skating out on debts.

While you haven't provided comprehensive facts the answer would be no, you probably can't escape these debts unless you both file bankruptcy.

If the cards were used exclusively by your husband, never used for a household expense, spousal or family gifts, or otherwise accrued to the benefit of the household then you might, _might_, have an argument preventing you from being held liable on those debts. But if have ever used the cards, then that argument becomes a strong uphill battle.

Changing the name on the house would also be ineffective. Because it was done to avoid debts accrued prior to the change the courts would ignore the name change and allow liens to be placed on the deed. Depending on the nature of your circumstances it may even be a criminal or civil fraud to make that change.

The good news is that a consumer debt will not result in a foreclosure. And your paychecks are pretty safe from creditors also. Bad news is that liens are possible. Or the creditor could go through the motions to seize personal property. (Try explaining to your child why the mean man in the uniform is taking his Christmas gifts.) Moreover, bank accounts are prime targets and creditors will often time their demands so that the second an electronic deposit hits an account it will be frozen from the account holder.

You should speak with a bankruptcy attorney to explore your options. A debt counseling service may help if you both have the discipline and have the income to better manage your debts. (Be cautious about working with any debt counseling or management service as there are many bad actors who will actually make your situation much, much worse.)

Regards,

Roger

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Answered on 12/03/08, 3:58 pm


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