Louisiana.
My sister and I own a property together. However, her deceased husband had a judgment against him and it has followed her. His name was not on the title to the property because it was deeded to us from our parents. Can this judgment affect me and the property if she pre- deceases me?
You seem to have asked two separate questions.
Q: Apart from your interests in the property does the judgment affect you personally?
A: No. How could it? Its against your late brother-in-law, not you.
Q: Does the judgment affect the property if your sister predeceases you?
A: Death has nothing to do with the issue. The issue is whether or not the property is now or can be subjected to a judgment lien that would endure for 10 years regardless of the state of ownership. And it does not appear so.
The recording of a money judgment in Louisiana creates a lien only on real property within the Parish standing in the name of the judgment debtor or that after acquired by the judgment debtor.
So, if it is true that the judgment only shows the deceased husband as the named judgment debtor and he has never held any recorded interest in the property in question, then neither yours or your sister's title is thus affected.
BUT if I were you I would get this property sold and the net proceeds equally divided between you and sis. Why? Because holding ownership in land as co-tenants or tenants in common is fraught with legal headaches! And potentially expensive headaches. That's why! Maybe not presently, but in the future DEFINETELY!
Now I don't know what prompted you to write that the judgment against her late husband is "
following her" - OTHER than the present owner of the judgment is hounding her for payment. But it would seem to me that if she could somehow be held legally accountable for the debt, some legal action would have been taken against her.All of which causes me to disagree with the previous contributor's advice that sis should pay her late husband's judgment.
