This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Lien On Jointly Owned Property In Maryland
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Multi-State
Control #:
US-0025LTR
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Word;
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FAQ
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.
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.
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.
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.
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.
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.
The new Partition of Property Act changes existing partition law in Maryland to better protect owners of tenancy-in-common property from forced court-ordered sales of the property.
Tenancy by the Entirety Each spouse owns an undivided interest in the real property, and there is a right of survivorship. Maryland has a presumption that property held by a married couple is held as tenants by the entireties. The presumption applies to property acquired by the married couple.
Property held as joint tenants with right of survivorship or as Tenants by the Entireties will pass to the surviving joint owner. Property held as “payable on death” will pass to the designated beneficiaries.
