Monroe, MI asked in Social Security and Bankruptcy for Michigan

Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?

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3 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will have to discuss your specific situation with a bankruptcy attorney to understand how the bankruptcy case will affect your home.

Timothy Denison agrees with this answer

Trent Harris
Trent Harris
Answered
  • Bankruptcy Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: I agree with the above answer. But it would also depend on whether you own the home as tenants by the entireties with your spouse, and whether the judgment creditor's debt is a joint debt belonging to both spouses. As discussed by Ms. Lions, it would be best for you to get a consult with a bankruptcy attorney in your area.

Timothy Denison and Robert Keyes agree with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If your home is in your husbands name or joint name, yes.

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