Legal Question in Credit and Debt Law in Pennsylvania

Re: Liens

When judgments are entered against only one spouse, any property held by the husband and wife as part of the marriage and titled in their joint names as husband and wife is exempt from the creditors of one spouse. The judgment creditor cannot have a lien on the real estate so long as the ownership is as I have described.

However, if you attempt to refinance the property in the future or sell it, a title insurance company may view it differently in the interest of caution. It may be in your best interest to consider a bankruptcy so that the debt will certainly be eliminated and no future lender or title company will be concerned about liability.

You should speak to an experienced attorney in such matters.

Feel free to call or e-mail for a free initial consult.