The actual process of acquiring and managing a vehicle with this type of relationship does require some advance planning. If the creditor can seize or place liens against those assets, can we sell any of those assets before such action takes place? In most cases a primary residence is protected by the state's homestead exemption or by state laws prohibiting a forced sale. Her car, documents in her name, but my insurance, I'm the main driver, and my NCB, and she's a named driver. Therefore, it is of utmost importance to understand the various joint tenancies and their consequences. The first $6,600 has to be paid to you. My car, my name on the documents, her insurance, she's the main driver, her NCB, and I'm a … The joint ownership of a car is one way for two or more people to have access to reliable transportation, even if affording single ownership is not practical. No, no problem insuring a car owned by the spouse. Tenancy in common means you can leave your half to whomever you'd like, as part of your estate. Rules for Using a Co-Owned Car If you want to leave your share of the car to your co-owner, it makes sense to own the car in joint tenancy. In other words, your vehicle can’t be taken to satisfy a judgment unless the car’s value, minus all debts for which the vehicle is collateral, is greater than $1,000. Both real property and personal property can be owned by more than one person. Almost anything, including real property, bank accounts, and investment accounts, can be, and often is, owned jointly. You allow them to take your car and sell it, but you claim your exemption limit of $6,600. The car sells for $8,000 at auction. Can My Car Be Seized? The opposite is also true. The costs to sell are 15% or $1,200, so there is $6,800 left over. Can the creditor seize or place liens against jointly owned marital personal property to satisfy a judgment against just one of the spouses? A car, for example, is often owned by a married couple jointly or by a parent and child as co-owners. What happens with jointly owned goods - can they be seized? For example, you owe a loan company $10,000 for some on-line debt and they sue you and obtain a Writ of Seizure. Is a spouse liable? Can assets owned by the defendant's husband, wife or partner be seized when executing a writ? What property can be seized or sold depends upon the laws of the state in which the debtor resides and/or owns property. Attention should be paid to how the financing is arranged, the process for obtaining car insurance, and even … If a vehicle is simply towed from the scene following an arrest for a relatively minor offense (e.g. The defendant may believe the goods are exempt from seizure because their husband, wife or partner is not liable for the defendant’s debts. Joint tenancy means your half of the car automatically goes to the other owner if you die. Reply from DebtCollectionAnswers.com: Frank, we can't offer legal advice but we can try to help you understand the issues you're facing. by Frank (Port Saint Lucie, Florida,USA ) Can my car be seized if I jointly own it with my dad and we have owned it jointly for 5 years? First, one must understand the difference between and impounded vehicle, and a seized vehicle. The debtor-joint tenant’s interest can be sold without involving the other joint tenant — when the interest is sold the debt-free joint owner will then learn that Florida law says that the the joint tenancy is then severed — the debt-free joint owner will find him or herself as a tenant in common with the creditor or a third party. Share Me & Help Others Have The Law On Their Side A significant portion of the assets we own are held jointly with another person. 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