liens on real property

What is the name of your state?
Florida

I recently married and my husband had previous debts with credit cards and hospital bills. Can a lien be placed on my property (in which he now has interest according to Florida law) from the creditors, hospitals, doctors, etc. whom he owes money to?

[Ladynred]

How is it that you think HE now has an 'interest' in property that belonged only to you BEFORE you were married ??

What FL law are you referring to ? I've been over the FL marital property laws - that's not one of 'em that I remember.


FL is NOT a community property state, and even it if were he would still NOT have an automatic interest in YOUR separate property.

Just because you get married to someone does NOT mean you automatically assume interests in each others separate assets or debts ! If YOUR property is deeded ONLY to you, then a creditor cannot place any liens of HIS on your property - its not HIS asset.

Thank you Ladynred.

I applied for a loan and they told me that Florida IS a community state and that I could not get the loan on my sole name, even if he is not on the deed. He has to sign as a "third party" because he has "interest" on the property since Florida is a community state. The papers they sent me had him as a "Borrower". We are now going to file for his bankruptcy and hopefully after that's settled I will reapply for a loan without worry.

So, I'm guessing the answer to my question is that "no. his creditors, etc. can't place a lien on my property, right? Not even the hospital, and medical entities?

Again, thanks alot.

Carmen

[Ladynred]

The bank was handing you a ration of crap ! FL is NOT a community property state. They didn't want to give you the loan in your own name for some other reasons they weren't telling you. Pretty underhanded if you ask me !

No, your husband's creditors can NOT attach liens to YOUR property.

Florida USED to be a common-law state, but that was repealed as of 1/1/1968.

The next time some moron tells you FL is a community property state, I suggest you hand them the following bit from the FL Statutes:

"Title XL REAL AND PERSONAL PROPERTY
Chapter 708 MARRIED WOMEN'S PROPERTY

708.08 Married women's rights; separate property.--

(1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal property and to make, execute, and deliver instruments of every character without the joinder or consent of her husband in all respects as fully as if she were unmarried. Every married woman has and may exercise all rights and powers with respect to her separate property, income, and earnings and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried and without the joinder or consent of her husband. All conveyances, contracts, transfers, or mortgages of real property or any interest in it executed by a married woman without the joinder of her husband before or after the effective date of the 1968 Constitution of Florida are as valid and effective as though the husband had joined.

History.--s. 1, ch. 21932, 1943; s. 2, ch. 70-4; s. 1, ch. 83-67."

See where is says "SEPARATE PROPERTY" ?? And "the right to 'contract and be contracted with" ?? The loan officer is a jerk, find another bank

Right ON !

Yes, knowledge is power, and I might just take up some extra education on Paralegal and Law so I can speak up!

I'm going to read up on this Statute, and refer it to the loan officer.

Thank you so much again.

With Sincere Gratitute,


Carmen

[Ladynred]

You're welcome

I'd shove a copy of the statute under the idiots nose.. then tell him how sad it is that he blew it because you're taking your business elsewhere - some place where you will not be unfairly discriminated against.

[Crazyhorse]

I thought FL was a homestead state. O well.

[Ladynred]

It IS a homestead state, 100% exemption, but that was not the question and its also not the point.

[Crazyhorse]

Well it definitely provides a defnite answer as the the original question that is the title of the thread... that most creditors are constitutionally barred from placing a lein on her home.

Ladynred and Crazyhorse

Thank you both so much for your interest in my legality issues. This is a great site. I did'nt expect to get such great help and so fast. I will post my "legal battle" updates on the site so everyone can benefit and learn from my "travels."

Carmen

To Ladynred

I faxed a copy of Chapter 708.08 to the loan officer and they called me back refering me to 708.10 where it says that mortgages can not be done without the joinder of the husband. So, I guess no matter where I go for a loan this is going to be the answer. My husband does not want to sign any papers of any kind.

If you have any other ideas, please let me know.

Thank you again and I appreciate it.

Carmen

[Crazyhorse]

yea... you gotta read a whole chapter... not just a snippet. might do you some good to read the dang thing if you have the time. good luck!

[Ladynred]

I did read the WHOLE thing and I don't know if the section the bank is quoting is relevant - it was NOT marital property to start with, its HER separate property. I haven't found anything that says a husband gets automatic joinder on a wife's SEPARATE property - marital property, apparently yes. Other parts of the statutes may need to be included to clarify this. Consulting a lawyer wouldn't be a bad idea.

To Ladynred,

Well, I guess we tried but obviously that other part of the "construction of the law" is getting in the way. I can't afford a lawyer so I'm just going to file for my husband's bankrupcy and then re apply with his signature.

I'm guessing this situation is something to do with the loan being "new money" since there was no previous mortgage on the house. Maybe the Federal Agency insuring the loan company needs to be extra protected by another party. In case I default on the loan.

I have no knowledge on this, so**************. Again, I appreciate all your interest and your help.

carmen