My ex is the only one on the deed: Can my creditors put a lien against the house?
If the ex-wife is the only party on the deed, then the ex-husband creditors cannot put liens against the house even if the ex-husband is the only one on the mortgage. This type of property settlement is common among divorced couples.
One spouse will continue to make the mortgage payments while the other spouse has full ownership (through the deed). As mentioned in a recent post, only one spouse can file for bankruptcy. Whether that is the best cause of action really depends on the amount of shared debt.
Also, if a couple recently divorced, then whatever was agreed upon in the settlement distribution is important. Did one spouse agree to become fully responsible for what was otherwise known as shared debt? These are important factors in determining whether one or both spouses/ex-spouses should file.
If you have questions about bankruptcy and foreclosure in Florida contact a foreclosure defense and bankruptcy attorney.
Greg Gilbert
Keith Maynard
