Can a lien be placed on my house for a spouses debt in California?

Can my spouse put a lien on the house during a divorce? Yes. Also, in a community property state such as California, a spouse can have debts from other creditors, and those creditors may be entitled to place a lien on a property you own jointly with your spouse as a means of satisfying the debt.

Can a lien be placed on my house for a spouse’s debt in Illinois?

In Illinois, a married couple can structure how they own their home under a legal form called “tenants by the entirety” or TBE. This means that the creditors of one of the spouses cannot collect on debt by placing a lien on the home, if it is owned by both the husband and wife.

What is a joint lien?

In liens with joint ownership, such as joint tenants, two or more people share ownership of the real estate. This ownership is undivided, meaning the owners each own the land in full.

Can a collection agency go after my spouse?

“In California, once creditors receive a judgment, they can collect against either spouse because we’re a community property state,” says John G. Stein, an attorney in Elk Grove, Calif. Creditors can take money (known as a garnishment) from bank accounts.

Does Judgement affect spouse?

a judgment creditor of your spouse can garnish your joint accounts, and. if you have your own separate bank account and a judgment is taken against your spouse, that creditor can also garnish your separate account to pay for your spouse’s debt.

Can a creditor lien against the sole owner of a house?

If a debt is in one spouse’s sole name, however, that creditor cannot place a lien against the other spouse’s home, provided the innocent spouse actually resides in the dwelling. With a tenancy by the entirety, spouses each hold an undivided 100 percent interest in the home, so property held this way is not usually subject to partition.

Can a lien be placed on my house for a spouse’s debt?

If you don’t have an agreement, your spouse’s creditor still has to go to court to win a judgment authorizing the lien. You can try convincing the judge that a lien on your property isn’t appropriate, for example, stating that the debt isn’t really a family expense.

Can a lien be attached to a jointly owned property?

There are essentially three types of property ownership and debt-sharing schemes: common law. Depending on your state and how you own the property, there are several possibilities if a creditor gets a judgment against your spouse only: The lien could attach to the entire property even if you did not owe that debt.

Can a judgment creditor file a lien against a spouse?

This also means that you and your spouse share liability on debts, whether or not you signed for that debt or were included as a judgment debtor. Consequently, a judgment creditor of your spouse may be able to file a lien against real property that you jointly own with your spouse.