Cancreditors put lien on a spouse’s property?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 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).
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