Our home does not currently have a homestead exemption however theer is a lien against the house for a colelction debt that she does not recall and honestly I am not responsible for since the house is in both our names. What can we do legally besides contacting the collection company in order to get past this? She did not even get any summons etc for any sort of case and now we just found out today that there is a lien. Any help? Thanks
If the property was not homesteaded before they liened up, then you will have some problems with clear title when you try to sell or refinance. Best to lawyer up now and get homestead on file, just because you did not file homestead for tax purposes, does not mean it is not homestead. You need to discuss the elements of homestead with an attorney or do some research today.
If you were never served with the summons you may be able to file a Bill of Review in Texas to try and vacate the judgment. http://www.judgmentrelease.com/articles/Bill-of-Review-in-Texas.htm
My comments are not legal advice and are for informational purposes only.