Hello
I own a property with my husband as tenants by the entirety. If a credit card company wins a judgment against me for debt solely in my name and for my use (nothing to do with my husband), can the company get an execution that will show up at the Registry of Deeds when my home's records are pulled up?
The law says "The interest of a debtor spouse in property held as tenants by the entirety shall not be subject to seizure or execution by a creditor of such debtor spouse" but I am wondering if it is still legal for them to file a document called an EXECUTION against my home?
I call it an execution because I have seen the documents on other properties where a credit card company has won a judgment and they are marked EXECUTION and clearly visible on the Registry of Deeds website
Thanks
Jessica
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Editor's Response
You are quoting from Massachusetts General Laws Chapter 209, Section 1. Keeping in mind that collection of debts and judgments is not my thing (I have never done it), I believe you are correct that the creditor or judgment holder is not entitled to execution on the judgment. However, I also believe that the creditor is allowed to record a judgment lien against the property. If the circumstances of ownership change (through death, sale, etc.) the creditor would then be entitled to execution on the judgment.
You should also note the remaining language of Section 1: . . . "so long as such property is the principal residence of the nondebtor spouse; provided, however, both spouses shall be liable jointly or severally for debts incurred on account of necessaries furnished to either spouse or to a member of their family." So, if the debt was incurred to purchase necessities, the story may have a much different ending.
Depending on the size of the judgment, and because this is not my area of specialty, you should consider talking to an attorney in your area with more experience in these matters. In addition to the issues discussed above, an experienced attorney can explain differences in the law relating to estates taken by husband wife prior to 1980 and can also discuss how any homestead exemption recorded by you or your husband may impact this situation. And, of course, if the creditor does attempt to seize the property in question, you will require immediate legal help. Good luck.