Judgment Lien On Jointly Owned Property In Franklin
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FAQ
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.
Regarding your question about jointly owned property, it is possible for a lien to be placed on it unless it is held "by the entirety," which is a special way that a deed can be held by a married couple. However, if it is not held in this specific manner, there is a potential for a lien to be placed.
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.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.
A lien is a claim, and it attaches to whatever interest in the property that person has. So if you and your husband are joint owners, each owning half, then it attaches to your half 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.
Yes, they can put a lien on both properties. Whether they could force a sale or would need to wait for a voluntary sale or payment to collect is less clear with the property on which your son is a co-owner and has his homestead.
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).
