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al bc | If 4 persons inherit a property and 1 gets into debt(credit cards) are the others liable? |
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Rick B
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How would they be liable for one person's debt just because they own property together? That makes no sense. |
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TaxMaven
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No, you cannot be liable for a debt for which you did not sign. However, if the debtor's interest in the property becomes the target of a judgement, you may have to sell the property to give that person's portion of the value to a creditor. Your best option is for 1 of you 3 responsible people to buy out the other three owners BEFORE this happens or just sell the whole thing now & everyone take their cash & go their separate ways. It is a very BAD IDEA to have partners owning property or a business with you for this EXACT reason.
"Never take a partner." - J.J. Luna |
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Tim F
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No, the other 3 are not liable, but . . .
If the creditors of the debtor sue and win, then the creditors can "take" the debtor's 1/4 ownership interest in the property. If that happens, then the 3 innocent persons will have an unwanted owner (not a partner, but a co-owner) of the 4th share. Therefore, the 3 innocent persons will probably want to get rid of the unwanted owner by buying out the 4th interest for its fair market value. Then, if that happens, the 3 innocent owners will each own 1/3 of the property, and the creditor will have been paid the value of the 1/4 interest. So . . .
The 3 innocent persons should not wait for all this to happen. Instead, now is the time for the 3 innocents to get together to buy out the debtor's interest. The debtor will probably agree, because it sounds like the debtor needs the money. And the deal will hold up in the future, as long as the price paid to the debtor is the fair market value of the debtor's interest. If there's any doubt, then get an outside appraisal.
Good luck. |
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Landlord
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A lien could be placed on the property, effecting all involved, but they can't start sending debt collectors after the other owners. |
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mister ed
 |
no unless they were listed on the credit card |
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juniejuly
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no |
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yahweh550
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You would not be liable.
Exception:
Say someone sues the debtor. Gets a judgement and gets a abstract of judgement on the property It is still no problem for the other three.
You may wish to discuss this problem with a attorney. |
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Mary W
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Only if the debt is linked to the home. Otherwise, that person has bad credit - may bankruptcy or debt consolidation is a solution and if the how is used in consolidation all of you may qualify. |
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weallwannaknow
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No, I can't think of why they'd be liable, unless 2 of the 4 are married or something. |
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linda
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if they are joint title holders or owners YES they are. |
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