An effective method for enforcing child and spousal support orders, and collecting what is owed you (plus legal interest at 10% sometimes going back years), is a real property lien. After a creditor wins a lawsuit against a debtor, the court can grant it a certificate of judgment that can be given to a land records office in … the children are over 18 years old) he can put a lien on the house. The lien may be placed shortly after a tax debt becomes delinquent or several years later. The house was given to me as part of our divorce. My ex-wife was sued by a hospital and the hospital put a lien on my house. A lien on your house could have harmful consequences, leading to foreclosure. State laws vary widely on the extent of a creditor's ability to place liens on real property jointly owned by spouses. Can an ex-spouse put a lien on the house if they were never on the deed or can legal aid put a lien against home on their behalf? In some divorce cases, a spouse is not aware of an existing lien until he/she tries to secure a loan or refinance or sell the house that was awarded in the divorce. Your rights will depend on the laws of your state, and how your state divides marital property and debts between you and your spouse. Can my ex-spouse place a lien against my home that was awarded to be in the divorce proceedings for attorney fees - Answered by a verified Lawyer We use cookies to give you the best possible experience on our website. You don't need your ex-spouse's signature to sell. Unanswered Questions. A lien placed against an ex-spouse’s debt can be attached to real estate. If a creditor gets a judgment against your spouse (and not you), can it record a lien against real estate that you own jointly with your spouse? We tell you which is which. The departing spouse, often the husband, signs a deed to the house over to the wife, and in return gets a note and a deed of trust secured by the home – a divorce lien. My husband is currently incarcerated and I cannot afford to pay her. There are a few situations in which your ex can always come after your assets. How is a family law real property lien used to enforce a support judgment? So, your wife can probably not make a claim to any new house that you buy - unless you have made some mistakes. A. The lien can attach to property the debtor currently owns, and may own in the future, such as with a spouse, with a sibling or through an inheritance. An ounce of prevention Or, a house lien could be a good thing. The creditor can use a judgment lien on your property to ensure they receive the money they won in a suit against you. Q. My husband's ex-wife is trying to file a lien on my home for $1999.00 for overdue child support and unpaid out of pocket medical expenses. The departing spouse can hold the note until it pays off, or he can sell it for cash. If payment is not due yet but the divorce judgment gives him the right he can put a lien on the house.. Asked By Wiki User. If the payment is past due (e.g. Read the judgment carefully.. Our home is paid for and the deed is in both mine and my husband's name. If you own the house as the sole owner and you live in a non-community property state, it's just your name on the deed. How Your Ex Can Get Your Property if There is Problem With Support.
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