Q: My house is protected by tenants by the entirety. I have a civil judgement against only me from a creditor.
Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?
A:
No you cannot sell without satisfying the judgment to the extent of your ownership share.
No generalities can be made about whether a judgment will be renewed or not.
A:
I would have to look at the specifics here, but all but certainly, if the judgment is only against one party, then the house is exempt from the judgment.
You will likely be able to sell without paying off the judgment. The final decision will ultimately come down to the title company.
As to renewals of judgments, it really depends on the creditor and the amount.
A:
Generally, selling real property owned by tenants by the entirety converts the proceeds of the sale to the personal property of the respective tenants. As separate personal property, the proceeds are then subject to collections.
There is no real way to anticipate whether or not a creditor will renew a judgment. The decision is solely within each creditor's discretion, and each will make it based on their specific preferences, financial needs, resources, etc.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
