Legal Question in Credit and Debt Law in Florida

Debt Collection with Family

My parents are married but are currently in the process of getting a divorce. My father is constantly using his credit card and has racked up huge amounts of debts, however, he refuses to pay them. The house in which my parents in I live in is under both my parents names and I was wondering if our house was in dangered of being taken back if my father continues to not pay for his debts. The credit cards are also in my father's name alone and not joint with my mother.


Asked on 7/19/07, 12:39 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Debt Collection with Family

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The house is your homestead and not subject to unpaid credit card debts. Rest assured that the only entity that can take your house away is your mortgage lender in a foreclosure.

Do not allow your parent's problems to consume your life. This is a tough time for them and they will have to work it out.

Scott R. Jay, Esq.

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Answered on 7/20/07, 1:37 am
David Slater David P. Slater, Esq.

Re: Debt Collection with Family

In Florida, Homestead property is exempt from collection on a judgment.

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Answered on 7/19/07, 7:10 am


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