Q: Can a judgement creditor get a lien and foreclose on joint tenantcy property in Illinois?
Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?
A:
In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means the creditor cannot sell or foreclose on the property solely based on your individual debt.
However, if you were to sell your interest in the property or if the property were sold to satisfy a judgment against you, your share of the ownership could be impacted. The joint tenancy arrangement means that both you and your sister own the property together, and her rights cannot be disregarded in the process.
It’s important to communicate openly with your sister and consider how any financial obligations could affect your shared ownership. Consulting with a legal expert in Illinois can provide clarity on your specific situation and any potential implications for your property rights.
Timothy Denison agrees with this answer
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