Can ex-husbsand's creditor attach lien to house still in both names?

[chelsi]

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

I live in New York. My ex-husband owes about $26,000 to American Express. He is near his limit. He also owes about $50,000 in other credit card, installment loan and auto loan debt. He has not paid his child support this month and has not paid his share of our child's medical expenses since last June.

Part of the divorce agreement was that I would live in the house with our child until he is 18 and then the house would be sold. We both share 50% ownership of the house.
Since he has built up all this debt, if AMEX or some other creditor decides to go after him for the debt he owes, can I prevent them from putting a lien on my house since I own 1/2 of it and have nothing to do with the ex's debt?
I have been financially responsible and pay all the house bills and have no debt.

By the way, he is a police officer. What can I do to protect myself from his debt and make sure he pays the medical and child support that he is obligated to pay?

I appreciate any advice. Thanks!

 

[Antigone*]

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

I live in New York. My ex-husband owes about $26,000 to American Express. He is near his limit. He also owes about $50,000 in other credit card, installment loan and auto loan debt. He has not paid his child support this month and has not paid his share of our child's medical expenses since last June.

Part of the divorce agreement was that I would live in the house with our child until he is 18 and then the house would be sold. We both share 50% ownership of the house.
Since he has built up all this debt, if AMEX or some other creditor decides to go after him for the debt he owes, can I prevent them from putting a lien on my house since I own 1/2 of it and have nothing to do with the ex's debt?
I have been financially responsible and pay all the house bills and have no debt.

By the way, he is a police officer. What can I do to protect myself from his debt and make sure he pays the medical and child support that he is obligated to pay?

I appreciate any advice. Thanks!

If a creditor obtains a judgement, they will be able to place a lien on the home. You cannot prevent that.

 

[Isis1]

If a creditor obtains a judgement, they will be able to place a lien on the home. You cannot prevent that.

can she readdress the amount in court? to offset the debt?

 

[chelsi]

Can I sue my ex for the amount of the lien since it is clearly his debt and not mine? Then, after I get a judgment, attach his retirement assets and garnish his wages?

 

[racer72]

Can I sue my ex for the amount of the lien since it is clearly his debt and not mine? Then, after I get a judgment, attach his retirement assets and garnish his wages?

No. He doesn't owe you the money, he owes his creditors. If a lien is placed on the house, it should only apply to his part of the equity, not yours. When the house is sold, you will still get your full share. You have 2 options to prevent a lien if it bothers you that much. Sell the house now and give him is portion of the proceeds so he can pay his bills or buy out his equity in the house and have it in your name only.

 

[chelsi]

No. He doesn't owe you the money, he owes his creditors. If a lien is placed on the house, it should only apply to his part of the equity, not yours. When the house is sold, you will still get your full share. You have 2 options to prevent a lien if it bothers you that much. Sell the house now and give him is portion of the proceeds so he can pay his bills or buy out his equity in the house and have it in your name only.

How can I make sure that the lien would be repaid from my ex's share of the house?
Would all this would be worked out at the closing of the selling of the house?

I am thinking that maybe my ex is running up all this debt in anticipation of this happening. It all seems very reckless.

Thank you very much!

 

[racer72]

When a house is sold, the money usually goes into an escrow account till it is determined the property is free of liens. When this lien shows up, the money will be deducted from his share of the sale of the house and then the rest distributed per your divorce decree.