Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
A:
Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the debtor's interest in the property. However, if the property is held as "joint tenants" or as "community property with right of survivorship," the entire property typically cannot be taken to satisfy one owner’s personal debts during their lifetime.
It's also important to consider whether the property qualifies as a homestead under California law. The state offers homestead protection that can exempt a significant portion of a homeowner's equity from being used to satisfy certain types of debt. This protection applies automatically to a primary residence, potentially safeguarding it from being sold to satisfy a judgement, up to a certain equity limit.
However, the specific details of your situation, including the nature of your ex-husband's lawsuit and how your property is titled, play a crucial role in determining the outcome. It may be wise to consult with a legal professional to understand the full scope of protections available to you and your property. They can offer guidance tailored to your unique circumstances and help navigate any potential risks.
1 user found this answer helpful
A:
IT WOULD DEPEND ON HOW THE TITLE IS LISTED.
DISCUSS WITH YOUR LAWYER TENANTS IN COMMON (YES) VS JT TENANTS OR COMMUNITY PROPERTY PROBABLY NO...HOWEVER, THEY MAY BE ABLE TO FORCE A SALE FOR YOUR SPOUSES INTEREST OR LIEN THE PROPERTY.
HOWEVER, YOU ARE ASKING A QUESTION OF A PI/DUI LAWYER, AND FOR A MORE IN-DEPTH ANSWER, I WOULD CONSULT WITH A LAWYER WHO DEALS WITH THESE ISSUES DAILY.
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