What to do about a summary judgement, a lien and jointly owned property?

UPDATED: Aug 20, 2012

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What to do about a summary judgement, a lien and jointly owned property?

My mother passed away and my 2 brothers and I now own her home. It was willed to each of us. The Will has gone through probate and the special warrarty lists us each as 1/3 owners. My older brother and I have allowed my younger brother to live there. He struggles financially. Has a hospital stay, no insurance. Can a lien be placed on the property for unpaid medical bills or, if he gets sued, can a judgement summary be applied to the property?

Asked on August 20, 2012 under Bankruptcy Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your younger brother who has a one third interest in the home that you have written about gets sued and a judgment is entered against him, a judgment lien can be recorded on the property he owns as to his one third interest with respect to unpaid medical bills as an example.

A summary judgment motion is a procedure in a litigated matter where the action is tried on paper where there is possibly no triable issue of material fact as opposed to being tried before a judge or jury.

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