CanIbuy a house if there is a judgement against me?

UPDATED: Nov 28, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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