Question:

I am currently a defendant in a civil lawsuit.?

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If I lose the lawsuit and forced to pay damages, can the courts put a lien on my home if it's in my spouse's and my name?

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  1. You can't transfer an asset to someone else for the purpose of avoiding paying a judgment.  Besides which, in many states if a property is purchased during a marriage, it is considered a joint marital asset even if only one spouse's name is on the deed.  


  2. No, the courts don't do that, but the Plaintiff can.  They would file a Judgment against you which would show up on the title to your property.  When you sell the property, you must pay the Judgment in order to clear the title for the next owners.  This is usually done with the proceeds of the sale on the same day that the property transfer completes.

  3. Every state is different so you will have to be specific.  In some states, if the house is a "homestead," the only liens that can be put on their are mortgage/home improvement liens (ones agreed upon between lender and owner) and ones for taxes.  If the lawsuit is for something other than what I have detailed, no lien can be placed on the house, however a lis pendens can be placed in the deed records to give notice to the public that lawsuit is pending.

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