Can a Lien Be Placed for My Husband's Debt if His Name Is on the Deed to My House?

Creditors often use liens as a way to make a claim on a debtor's property. If your husband has accumulated debt and had a judgment issued against him, you may be concerned about the possibility of having a lien placed on your jointly owned home. Creditors do have the right to place a lien on this property and it could negatively impact you in the future.

Jointly Owned Property

When your husband's name is on the deed to your house, it means that your husband technically owns a portion of the house. Anyone who is on the title to a piece of property owns a portion of it. When a creditor gets a judgment against a debtor, it can use that judgment to place a lien on any property that is owned by the debtor. Since your husband's name is on the house deed, creditors can attach liens to it.

Joint Tenancy

In many states, when two individuals own a piece of real estate together, it is considered a joint tenancy. With this form of ownership, each person owns a share of the house. Creditors can place liens on this type of property, but it only attaches to the share of the house that is owned by the debtor. If the debtor passes away, the lien on the house goes away and is no longer enforceable by the creditor. If the share is transferred, the lien is enforceable.

Community Property

In some states, community property is the method that is used to hold real estate jointly between two individuals. With community property, each person that owns the real estate owns all of it equally. Because of this, if a lien is placed on the property, it applies to the entire property. Even if you did not accumulate the debt, the lien will affect your portion of the property just as much as it does your husband's.

Collecting the Balance

When you have a lien placed on your property, you can get it removed by paying the debt. If your husband pays off the debt, the creditor will then take the necessary steps to take the lien off of your house. If your husband does not pay off the debt, the lien will usually be enforced when you sell the house. Part of the proceeds from the sale will have to be used to pay off the debt. In some cases, the creditor can force the sale of the property to collect the debt.