Partition Agreement With Sale In Alameda
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The answer to your question is yes. If a party jointly owns a debt with a debtor, then the creditor can still put a lien on any property owned by the debtor, regardless of who else has ownership in it.
Your credit card debt cannot force you to sell your house and you shouldn't volunteer to do it. Potentially you'd be wiping out most of the debt, keeping your house, messing up your credit for a few years (but who cares?
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
Any co-owner—called a co-tenant—or a creditor can force a sale of the property. A creditor can also seize at least a portion of the debtor's property or the proceeds of a sale.
Joint Owner's Debts Could Become Your Problem For example, if you add your adult child to the deed of your home and they have undisclosed debts, your property could be at risk of being seized to settle those debts.
Hourly rates in California by practice area Practice AreaAverage Hourly Rate Criminal $325 Elder Law $365 Employment Labor $381 Family $36827 more rows
How Long Does a Partition Action Take? While most lawsuits in California are supposed to take two years or more, there are a number of steps that an experienced partition lawyer can take to ensure that a partition action takes in less time.
When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.
A partition action is filed in the Court by submitting a “complaint” that complies with all of the requirements of the Code of Civil Procedure. In California, almost all of the partition actions are filed by attorneys on behalf of parties because there are a number of technical legal requirements for filing a lawsuit.
The owner who no longer wants ownership of the property can ask the court to force a sale in lieu of partition. Rather than continuing to co-own the property, the court can force the owners to put the house up for sale.