Can a credit card company put a lien on a jointly owned home if the debt is only owed by one owner? 25 Answers as of January 21, 2013

My husband has a judgement against him for a unpaid credit card from Feb 2006. The company put a lien on our jointly owned home and our truck. Can they do this?

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Heupel Law
Heupel Law | Kevin Heupel
Yes, a credit card company can put a lien on joint assets including a home and car. Moreover, if there is substantial equity in the joint asset, the creditor can force the sale of the property. In these situations it is very important for the husband to resolve the outstanding debt issue in order to protect the other spouse.
Answer Applies to: Colorado
Replied: 8/10/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
it depends, do you live in a community property state?
Answer Applies to: Washington
Replied: 8/11/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It depends on how your home is deeded to you as husband and wife, but in some circumstances, it is possible to sever the interest of the joint tenants' rights to the real estate by attaching a lien to one spouse's share.
Answer Applies to: Indiana
Replied: 8/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, they can do that. It attaches to your half. The judgement lien will attach to the house, not the car. The lien can be avoided in bankruptcy if the the lien "impairs" your exemption in the house. You can expect to pay an additional fee for this service.
Answer Applies to: California
Replied: 8/1/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Yes, once it gets a judgment. But it can't be exercised until the house is sold and if your husband dies you would own it free and clear of the lien. Of course if you own the property as tenants by the entirety, it would be ineffective.
Answer Applies to: Michigan
Replied: 8/1/2011
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    Yes a creditor can put a lien on jointly owned property your home - your truck. However, a lien does mean that your creditor gets a penny. It is simply a means to enforce the judgment and to encumber the property. If you decide to sell either one the creditor is only allowed to take the amount granted by the court but more importantly, only as it applies to of the selling amount which is owed by your husband. With respect to your home I would advise filing a homestead exemption which recently changed. With respect to your truck if you have a loan then the loan holder takes their share first not the creditor unless of course they are one in the same.
    Answer Applies to: Massachusetts
    Replied: 7/31/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes
    Answer Applies to: California
    Replied: 7/31/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Absolutely. They are putting a lien on your husband's interest in the property which, if in California, is likely a community property interest.
    Answer Applies to: California
    Replied: 7/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Yes.
    Answer Applies to: Georgia
    Replied: 7/31/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    In some circumstances, yes.
    Answer Applies to: Maryland
    Replied: 7/30/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Applies to Colorado bankruptcy only: Yes, a creditor with a judgment can place a judgment lien against jointly owned real property simply by filing a transcript of judgment with the Clerk & Recorder in the county where the real property is located. The lien attaches to the judgment debtor's interest only. Judgment liens on homesteads can often be removed in chapter 7 or chapter 13 bankruptcy.
    Answer Applies to: Colorado
    Replied: 7/30/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    A judgment creditor can record their judgment (in the county in which you reside) and the recording creates a lien on the real property owned by the judgment debtor in that county. The lien only attaches to the interest owned by the judgment debtor. Your interest in the home is free of the judgment. If you sold your home, the judgment would have to be paid from your husband's portion of the sales proceeds. To obtain a lien on a vehicle, the creditor must be shown on the certificate of title. The simple recording of a judgment in the probate court will not, by itself, create a lien on the truck.
    Answer Applies to: Alabama
    Replied: 7/30/2011
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    Yes. The lien will attach to his share of the property. If the debt is community debt or in other words incurred during marriage, upon request, the court may allow judgment lien to entire community asset. Since, both debtor and community deemed to have obtained benefit of the debt. .
    Answer Applies to: California
    Replied: 7/30/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Yes - jointly owned property can be subject to a lien against one of the owners.
    Answer Applies to: California
    Replied: 7/30/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes they can lien any property on which his name appears. However, the lien only applies to his interest in that property.
    Answer Applies to: California
    Replied: 7/30/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you have a joint ownership interest on property a judgment creditor can file a lien on it.
    Answer Applies to: California
    Replied: 7/30/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Yes. A creditor can put a lien on property in which the debtor has an interest, even if the property is jointly owned.
    Answer Applies to: Oregon
    Replied: 7/30/2011
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