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This also means that you and your spouse share liability on debts, whether 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.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Ohio, a judgment lien can be attached to real estate only (such as a house, land, or similar property interest).
Unfortunately, yes, a creditor may garnish a joint bank account for the judgment against one of the spouses. If your husband can prove he is the source of a portion of the deposits then he may petition the court for an exception to the garnishment to cover the funds he deposited.
How do I obtain a copy of my Divorce papers? Contact the Certified Copies Department by phone at (216) 443-7977 or by email at coccfr@cuyahogacounty.
Section 1319.06 | Husband and wife must join in chattel mortgage on household property. No husband or wife shall create any lien by chattel mortgage or otherwise upon any personal household property owned by either or both of them, without the joint consent of both husband and wife.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
This means that the government has 15 years to collect the taxes owed before the lien expires. Judgment lien: In Ohio, a judgment lien can be valid for up to 5 years. However, the lien can be extended for an additional 5 years if the creditor files a renewal notice before the expiration of the original lien.
2 And given that, under Ohio law, judgment liens do not attach to after-acquired property, this should not really be a title company issue, assuming it is clear as a matter of record that the tax debt was discharged.
With regard to mechanics' liens, Ohio requires that the work be performed pursuant to a contract in order to secure a claimant's lien rights.
The primary resource for property information is the County Recorder's Office. This office serves as a comprehensive repository of public records related to its judicial district. To find property liens through a county recorder's office, visit the office in person or contact them via phone or email.