txmom Posted April 18, 2004 Report Share Posted April 18, 2004 Can anyone lead me to a sight to find out , If my husband has a CC in his name ONLY and they sue him, can they put a lein on the house that is in both of our names? We are in Texas. Thanks Link to comment Share on other sites More sharing options...
Xanathos Posted April 18, 2004 Report Share Posted April 18, 2004 I would be inclined to say they could. Link to comment Share on other sites More sharing options...
wdspeedbump Posted April 18, 2004 Report Share Posted April 18, 2004 texas is a community property state. your spouse can indebt you into bankruptcy and there is not one thing you can do to stop them. i know from sad experience. and this includes the irs. if your spouse doesn't pay his/her taxes and the irs comes after them, they can come after the spouse for the money too. you can file an "innocent spouse" claim, but it is at thier discretion whether or not to allow it. sad experience,also. Link to comment Share on other sites More sharing options...
anti-something Posted April 18, 2004 Report Share Posted April 18, 2004 http://www.capitol.state.tx.us/statutes/pr.toc.htmtitle 5, exempt property.you can declare your homestead under the finance code, but i do not know how sorry. (but it does tell you in the code Ch. 41) Link to comment Share on other sites More sharing options...
Jazkal Posted April 18, 2004 Report Share Posted April 18, 2004 Can anyone lead me to a sight to find out , If my husband has a CC in his name ONLY and they sue him, can they put a lein on the house that is in both of our names? We are in Texas. ThanksNot if you have the Texas "Homestead" exemption. Link to comment Share on other sites More sharing options...
txmom Posted April 18, 2004 Author Report Share Posted April 18, 2004 I have a Texas homestead exemption. So by what I read, if I am correct in understanding, is that they can NOT put a lein on our property if I am not on his CC. Is that what you understand it to be? Thanks Link to comment Share on other sites More sharing options...
anti-something Posted April 18, 2004 Report Share Posted April 18, 2004 i do know there is a difference between a homestead exemption under the finance code (like it says, fill out the correct from, enter it into the system via your local county clerk) and the homestead exemption you apply for under your local appraisal district.so if you have only applied for the homestead exemption from your local appraisal district, you need to go and enter the homestead exemption under the finance code. then it is legally declared your homestead and is protected under the code.and i think that even if you were on his CC the house would be exempted.thats my understanding of the law. im not a lawyer, in fact my brain hurts when i read this stuff Link to comment Share on other sites More sharing options...
Jazkal Posted April 18, 2004 Report Share Posted April 18, 2004 im not a lawyer, in fact my brain hurts when i read this stuff DittoIf they do come after you, they will try and get a judgement via the courts. Then they will try and empty you bank accounts, because thay can't touch your wages. Link to comment Share on other sites More sharing options...
anti-something Posted April 18, 2004 Report Share Posted April 18, 2004 Then they will try and empty you bank accounts, because thay can't touch your wages.i find that one really interesting, they cant garnish your wage, but they can your bank account. in my case the only money in there CAME from wages. seems contradictory. Link to comment Share on other sites More sharing options...
txmom Posted April 18, 2004 Author Report Share Posted April 18, 2004 Where would I go to file a finance code exemption? I will do this first thing tomorrow. They have not filed any lawsuits yet, so I want to be ahead of the game. (I hope it doesn't cost) As far as my bank account, if they want the .50 cents I have well then they can have it! Thanks for all the help on this. Link to comment Share on other sites More sharing options...
anti-something Posted April 18, 2004 Report Share Posted April 18, 2004 it seems to say the local county clerk. so i would suggest calling or going to your local county clerks and seeing if they have the appropriate form available. i think there would be some kind of filing fee. you may be able to find this info online if your county clerk has a web address. Link to comment Share on other sites More sharing options...
txmom Posted April 18, 2004 Author Report Share Posted April 18, 2004 Thank you so much, when I went back a read the post it does say that! Sometimes it takes a time or two to register with me! Thanks for all the help. I feel pretty covered : They can't garnish wages, they can't put a lien on my house if I have this exemption. They can take my bank account but thats easy to solve by not depositing any money into it. I will one day when I am a better financial place make good on the debts but for now, I just can't. So with all of this in place why would they even try to take anyone in Texas to court if there is really nothing for them to gain and accure attorney's fees on top of it all? Link to comment Share on other sites More sharing options...
Jazkal Posted April 18, 2004 Report Share Posted April 18, 2004 Once they get a judgement, it's good for 10 years, and can be renewed for another ten years. If they don't try to get a judgement then they are limited by the SOL on the debt, which in most cases is 4 years in texas. Link to comment Share on other sites More sharing options...
txmom Posted April 19, 2004 Author Report Share Posted April 19, 2004 I called the court house today and they told me I have to get a lawyer to file the papers for this. So I called a lawyer and have an appointment this week. I will let everyone know the ends and outs. Thanks Link to comment Share on other sites More sharing options...
2002tj Posted April 20, 2004 Report Share Posted April 20, 2004 Creditors can still place a lien on your homestead, but they can't foreclose unless its mortgage or taxes. Link to comment Share on other sites More sharing options...
ms6073 Posted April 20, 2004 Report Share Posted April 20, 2004 You know I was curious and read some of the statute and it seems to me that a lawyer is not required if the person's property is already listed as having a Homestead exemption on the tax rolls! Now the TX code specifically reads:§ 41.005. VOLUNTARY DESIGNATION OF HOMESTEAD. (a) If a rural homestead of a family is part of one or more parcels containing a total of more than 200 acres, the head of the family and, if married, that person's spouse may voluntarily designate not more than 200 acres of the roperty as the homestead. If a rural homestead of a single adult person, not otherwise entitled to a homestead, is part of one or more parcels containing a total of more than 100 acres, the person may voluntarily designate not more than 100 acres of the property as the homestead.But if you read further into the statute, then you will find this clause/section:(e) Except as otherwise provided by this subsection, property on which a person receives an exemption from taxation under Section 11.43, Tax Code, is considered to have been designated as the person's homestead for purposes of this subchapter if the property is listed as the person's residence homestead on the most recent appraisal roll for the appraisal district established for the county in which the property is located. If a person designates property as a homestead under Subsection © or Subchapter B and a different property is considered to have been designated as the person's homestead under this subsection, the designation under Subsection © or Subchapter B, as applicable, prevails for purposes of this chapter.Michael Link to comment Share on other sites More sharing options...
anti-something Posted April 20, 2004 Report Share Posted April 20, 2004 wow! good wading thru the code there Michael!i completely missed that part, i was relying on the info i got from the appraisal district which said an exemption under the appraisal district was different from the exemption under the finance code. but it appears it DOES work in reverse.thanks Link to comment Share on other sites More sharing options...
txmom Posted April 21, 2004 Author Report Share Posted April 21, 2004 Thanks for this info. I am printing it out and going to the county clerk today! Thanks Link to comment Share on other sites More sharing options...
anti-something Posted April 21, 2004 Report Share Posted April 21, 2004 i would also question why they told you that you needed a lawyer to do this. i can understand advising you to get a lawyer, but needing one?someone shoot me down if i am wrong, but i thought you could take any action from filing a form to filing a court action without "needing" a laywer. Link to comment Share on other sites More sharing options...
TexasLawyer Posted April 26, 2004 Report Share Posted April 26, 2004 A creditor can record an abstract of judgment, but it does not attach to homestead property. Even the proceeds of sale of your homestead are exempt from seizure for 6 months after the sale. If you sell your house, a title company will usually present to the creditor a partial release of lien. You will usually need to sign an affidavit indicating that the property is homestead. If the creditor will not sign the partial release of lien, hire a lawyer to sue. Link to comment Share on other sites More sharing options...
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