Judgment Lien On Jointly Owned Property In Illinois
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Once you have a judgment you can file it with the county recorder's. Office this will create a leanMoreOnce you have a judgment you can file it with the county recorder's. Office this will create a lean on the debtor's. Real property.
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.
How does a creditor go about getting a judgment lien in Illinois? To attach a lien, if the debtor's property is located in the same county where the judgment was entered, the creditor files the judgment with the county recorder.
By filing for partition of property, a co-owner may be able to terminate their interest in a piece of real property by forcing its sale and having the proceeds from the sale distributed equitably and fairly among the co-owners.
Once you have a judgment you can file it with the county recorder's. Office this will create a leanMoreOnce you have a judgment you can file it with the county recorder's. Office this will create a lean on the debtor's. Real property.
The short and legal answer is YES, the creditor can force the sale of that half interest, but normally they won't. Part of the reason is that half of a property is not worth half of what the property is worth.
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.
Liens on jointly-owned property 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.
