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Can a lien be put on your house because your spouse owes money to their former spouse?
Wiki User
∙ 11y ago
It depends upon the state in which the married couple reside and the way in which the property in question is titled.
In community property states both spouses are considered responsible for debts incurred during the marriage therefore all marital property would be attacheable.
If the property is titled Tenancy By The Entirety (not available in PC states) the property cannot be encumbered by liens when only one spouse is the named debtor.
Please note, it is the responsibility of the non debtor spouse to present the court and/or judgment creditor with valid documentation of the status of the property.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoThat depends on several factors including:
1.) The creditor would need to obtain a judgment lien from a court of law.
2.) Who owns the property:
- If the property is owned by a married couple as tenants by the entirety a judgment against one would not be valid against the property.
- If the property is owned solely by the debtor then the judgment lien would be successful if recorded in the land records.
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