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Judgement against me
I live in the state of North Carolina. My parents and I own a condo. Can they take the condo to settle a judjement that is in my name only? I only have 1/3 ownership? There are no surviors clause on the deed.
Last edited by ida60 : 11-07-2009 at 02:37 PM. Reason: wrong spelling |
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This is not possible to answer definitively because the law on joint ownership is different from state to state. Also, all we can really tell from your post is that there is some form of joint ownership. Your post is silent on the question of whether rights of survivorship are stated in the deed.
Assuming that you are just a straight. one-third owner - what is called "a tenant in common" - then, yes, in most states a judgment creditor could reach your ownership interest. Once that was done the judgment creditor might be able to force a partition suit, which would essentially either force your parents to pay off the judgment or face a sale of the property and a division of the sales proceeds, 2/3rds to your parents, 1/3 to the judgment creditor. Hopefully, this will help you understand the issues and also make it clear that you - and, perhaps more importantly - your parents need to consult an attorney with expertise in real estate matters in the state where the property is located. If you do not have significant other assets, it may be possible to negotiate a discounted pay off of the judgment. |
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