could debt collectors take my house?

[umoribawar]

What is the name of your state (only U.S. law)? texas

ok so heres whats going on, my mother moved to iowa and she siad i could have the house here, its still in her name, but we did something with a lawyer that made it 10% mine and the other 90% after she died.

she has been getting a lot of debt collector calls, and while i dont agre with her actions on how shes handling it its her life, and some of them are not hers and shes been trying to fight them.

but the reason for this post is me and my wife are wondering, if they were to proceed with legal options agenst her, could they take our house? we live and resided only in this house, my mother lives in iowa in a house she bought up there which she is paying on.

this house was not in the best shape, and we been fixing it up and still am, we put a lot of work and money into it, and dont want to loose it.

[JETX]

Originally Posted by umoribawar

if they were to proceed with legal options agenst her, could they take our house?

No. Texas has an unlimited homestead protection.

However, they could get a judgment and then place a lien on the property. The lien (judgment) would have to be paid (including interest, costs, etc.) before you could sell, refinance or transfer ownership of the property in her name. That lien could also affect your transfer of the 90% ownership to you. I strongly suggest you get your mother to take care of this... or you pay it (to protect your 'investment') if the judgment creditor does get a lien then pursue your claim against your mother (if you chose).