Saturday, June 10, 2006

Can Liens be Placed Against Property Held in Another Spouse's Name?

Can Liens be Placed Against Property Held in Another Spouse's Name?

Generally speaking, liens may not be placed against one spouse's property for debt held by the other spouse. However, debt from one spouse may have a negative impact on the other spouse.

Judgment

    A lien may not be placed against property owned by another spouse because a creditor must have a judgment before a lien may be put in place. This means a lawsuit must be brought and won to place a lien on property. A creditor may not sue a person other than the one that holds the debt.

Joint Property

    A creditor may place a lien on property held in both spouses' names even if they only have a judgment against one spouse. The creditor may encumber property the debtor has an interest in, regardless of who else shares title.

State Law

    Depending on the state the spouses reside in, the creditor may be able to seize the property in its entirety, even if the spouse shares interest. This is determined by when the debt was incurred and whether the property is held as community property.

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