Grand Prairie, TX asked in Estate Planning, Divorce and Family Law for Texas

Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

1 Lawyer Answer
Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
  • Estate Planning Lawyer
  • Allen, TX
  • Licensed in Texas

A: No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank accounts, including investment accounts, but not against any IRA, 401(k), or 403(b), or other qualified retirement account, but they can't garnish wages in Texas except for IRS, Student loans, and child support. You may encounter issues selling the home as most title companies will want any lien paid. It is possible they have not attached a judgment lien to the home yet. Either way, they can never force you out, but if there is sufficient equity during divorce, a judge could order him to pay it from his portion if this is not community debt.

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