CanIbuy a house if there is a judgement against me?

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CanIbuy a house if there is a judgement against me?

Someone was awarded a judgment against me 3 years ago; the judgement and order/decree were filed. I didn’t own any property at the time. However my husband and I are trying to buy the house we have been renting. Can I obtain a mortgage with the abstract judgment already filed? Can my husband and I obtain a joint mortgage and only file the deed in his name?

Asked on November 28, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Legally, you can buy a house with a judgment against you.

2) Practically, having this judgment--which is a public document and should most likely appear on your credit history--will certainly make it less likely that you will get a mortgage/financing, and/or require you to pay a higher interest rate, put up more of a down payment (and take a smaller mortgage), get a co-signor, etc.

3) Putting the deed only in your husband's name will not likely work. Property acquired during marriage is generally held to be joint property of the two spouses; also, an attempt to title the property only in your husband's name could be seen as attempted fraud against the judgment creditor, and therefore could possible be set aside.


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