Lebanon, NH asked in Real Estate Law for Massachusetts

Q: If i quit claim my name off a house deed can creditors still go after that house for my credit card debt?

Or any debt that I owe not tied to that house?

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2 Lawyer Answers
Ben F Meek III
Ben F Meek III
Answered

A: Probably not. And they probably can't go after it even if you keep title in your own name. In most states, a judgment lien (of a general creditor that has obtained a judgment against you personally) that is recorded against real estate cannot be foreclosed against the homeowner's homestead exemption up to certain limits. The main exception usually being a consensual mortgage granted by you on loan to buy the house. So, if you live in it, it is probably your homestead and is probably exempt from general creditors but not from a mortgagee with a mortgage lien against it. Contact an experienced real estate or debtor/creditor lawyer in your area who can ask questions about the nature of your debts and other issues and to get specific advice about your situation.

PS: My comments here are for general information only and are not legal advice about your particular situation nor do the create an attorney-client relationship with me. Consult an attorney in your state about your specific issues and concerns for legal advice.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in Massachusetts

A: If it's a community debt (a debt acquired during marriage arguably benefiting the both of you), then yes maybe. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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