Judgment Lien On Jointly Owned Property In Ohio
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FAQ
Unfortunately, the IRS can seize jointly owned homes even if just one of the owners owes back taxes. The lien attaches to the entire home and can be subject to a seizure and judicial sale.
Jointly owned property If you or an entity owns property with another, a creditor may or may not be able to seize, garnish or levy against such property depending upon the nature of the ownership and the applicable state law.
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.
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.
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
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.
Lien due 75 days from last furnishing labor or materials, 60 days on residential. In Ohio, an action to enforce a mechanics lien must be initiated within 6 years from filing of lien. Notice of furnishing due within 21 days of first furnishing labor or materials - or 21 days from filing of notice of commencement.
A judgment lien in Ohio will remain attached to the debtor's property (even if the property changes hands) for five years.
Upon timely filing of a notice of continuation of lien, the effectiveness of the original lien is continued for fifteen years after the last date on which the lien was effective, whereupon it lapses, unless another notice of continuation of lien is filed prior to the lapse.
