Judgment Lien On Jointly Owned Property In Harris
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FAQ
In a Nutshell This court order allows them to collect on the debt by seizing your real or personal property (or putting a lien on it), garnishing your wages, or levying your bank account. Personal property includes everything from household goods to vehicles. Real property includes things like your home or land.
The answer to your question is yes. If a party jointly owns a debt with a debtor, then the creditor can still put a lien on any property owned by the debtor, regardless of who else has ownership in it.
The joint account held in the entireties, therefore, cannot be attached by a statutory lien, without the prior permission of the non-debtor account holder.
Any co-owner—called a co-tenant—or a creditor can force a sale of the property. A creditor can also seize at least a portion of the debtor's property or the proceeds of a sale.
Joint Owner's Debts Could Become Your Problem For example, if you add your adult child to the deed of your home and they have undisclosed debts, your property could be at risk of being seized to settle those debts.
Generally, joint tenancy protects the interest of a non-debtor joint tenant. This means a creditor cannot seize their share of the property if another owner has debt. However, creditors may negotiate to settle liens or, in some cases, force the sale of the jointly-owned property to recover debts from a joint tenant.
If a property owner owes a debt to a creditor, contractor, or collection agency, that party may place a court-ordered lien against the property with the goal of collecting on the debt.
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.
Contact the Harris County clerk's office to get the required form, or check out Texas Easy Lien online options. Once you've collected the information listed above, follow these steps: Fill out the form completely. Attach a copy of your contract, if relevant.
The lien affidavit must be signed, notarized, and filed in person at the county property records office where the project is located. A copy of the lien must be mailed to the property owner and general contractor by the 5th business day after filing a lien with the county.
