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  1. #1

    Default Judgement Seizure of Vehicle in 2 Names when Only 1 Person is Debtor

    My question involves judgment recovery in the State of:Michigan.
    Can a vehicle be seized if only one of the 2 names on it is the debtor??? IE-Husband is debtor, wife is not???

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    Default Re: Judgement Seizure of Vehicle in 2 Names when Only 1 Person is Debtor

    Are you asking what happens if property subject to potential execution is jointly owned, or are you asking if you can add your wife's name to property and prevent execution?

    Depending on how property is jointly owed, it may be possible for the judgment creditor to seize and sell it subject to the co-owner's interest - that is, they would have to pay the co-owner her share from the proceeds of the sale. Most people don't want to mess around with jointly owed property and potential civil liability to third parties.

    But if you're asking about trying to stymy recovery by clouding or transferring title, leaving your creditor unable to satisfy its judgment from your remaining assets, you should expect that a creditor would attack the addition of a "co-owner" as a fraudulent conveyance.

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