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My husband has a judgement for an auto accident. Can they take our house. It's paid for. We live in Texas.

Houston, TX |

If the property is in my name only , can they attach lien to it?

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Attorney answers 6


If the home is in your name alone -- and there has been no fraudulent transfer of that interest between you and your husband, chances are great that it is protected. You may want to talk to an attorney to make sure your interests are protected to the greatest extent possible. You may want tot alk to the attorney your husband had at the time the judgment was entered against him as well.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


The simple answer is no. Texas is a homestead property state which means certain assets are exempt from seizure. With that said, if your house is paid for and your husband caused the harm the judgment was a result of, you should do the right thing and pay it. They can take your husband's drivers license away for an unpaid judgment. Plus the judgment will make it hard to sell your house because most title companies will not issue title insurance on a property that the owner has unpaid judgments.


Talk to an attorney in TX.

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Consult with an attorney - it will be worth paying the attorney to get some advice.


No, there is a homestead act in your state.

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You should speak with a lawyer who handles both debt collection and bankruptcy. If your home is in the city, the homestaed exemption is unlimeted. If you live in a rural area, you have a 200 acre limit to what you can claim as your homestead.

But there are other aspects to living with a judgement hanging over your heads that you should be aware of. The judgement creditor can pursue other assets, such as checking and savings accounts, forcing you live a cash only lifestyle.

Bankruptcy might be an option that you should be aware of.

Good luck to you.