Can a widow, as special administrator, assert her spouse's or her homestead exemption against a judgment creditor of her spouse (property he...

Question

Can a widow, as special administrator, assert her spouse's or her homestead exemption against a judgment creditor of her spouse (property held as tenants in common before WI Marital Property Act) in order to sell parcel free of lien to 3rd party in WI?

Thanks.

Answer

Yes, but the success of the exemption claim might depend upon whether or not the judgment creditor agrees with you. However, a more efficient way to assert the exemption and remove the judgment lien would be via a chapter 7 bankruptcy filing. However, assuming that that parcel was later converted to marital property due to the passage of time or payment of property expenses with marital property. It also assumes that your available exemptions are large enough to protect all of your home equity as well as any inheritance. After discharge, removal of liens is normally easy and cheap, at which time your lawyer would normally return the case to state court in order to accomplish the judgment satisfaction for all judgment liens, not just the one in question.

Do not assume that I am your attorney because of my response here, since I would not be taking any action on your case without additional arrangements. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www./answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.