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    coil88winder's Avatar
    coil88winder Posts: 1, Reputation: 1
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    #1

    Oct 31, 2013, 05:27 PM
    Writ of fieri facias in va
    Can a sheriff impose a writ of fieri facias on someone who owns property jointly with a spouse who is not named?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Oct 31, 2013, 05:35 PM
    'Property' refers to real estate. Perhaps you mean a vehicle or other belongings? The items owned jointly can be seized by the sheriff, yes.

    Real property (real estate) can have the writ filed against it as a lien, which will stay until the owner(s) sell, at which time the lien is paid.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 6, 2013, 02:04 PM
    A writ of fieri facias is another term for a writ of execution.

    And, Joypulv, actually in all states of which I am aware, execution of such a writ by a sheriff wouldn't just create a lien (The property sheriff would be "seized of" the property following the levy, but I suppose there might be, in some places, some sort of a "lien" or lis pendens the sheriff could file to prevent it being sold anyway to a third party without knowledge of the levy.); the property (real or personal) can be sold and the proceeds used to satisfy senior liens and (if there are any proceeds remaining) the judgment.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Nov 7, 2013, 05:59 AM
    Yes, I stand corrected.

    (Just to add that In my state there are ways that a homeowner can remain in the residence or even get it back after seizure, even after a subsequent sale.)
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