Cancreditors put lien on a spouse’s property?

UPDATED: Jun 11, 2011

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Cancreditors put lien on a spouse’s property?

My dad is concerned about his wife’s medical bills. She has no insurance and has over $50,000 in bills. Can they take his property or put a lien on it? Her name is not on the property and his concern is that they can still put a lien on it or even end up taking it.

Asked on June 11, 2011 under Bankruptcy Law, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

OK is not a community property state so your father's property (that which is his name only) is immune for the claims of your stepmother's creditors. The only way his sole assets would be at risk is if he specifically agreed to be responsible for such a debts.  In some states a spouse is responsible for the other spouse's medical bills but my research suggests that OK is not among them.

Note:  To the extent that your father and his wife hold joint those assets would be at risk (to the extent that they are not exempt).

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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