Judgment Lien On Jointly Owned Property In San Antonio
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FAQ
Living in a community property state also means that you and your spouse share liability on debts, even if only one spouse is legally responsible for that debt. Therefore, a creditor may be able to file a lien against a property that is jointly owned.
If you do not have any assets that are not exempt from seizure, such as your primary place of residence, household items, your car, and the tools of your trade, someone who has obtained a judgment against you may be unable to collect on it.
On the contrary, an involuntary lien can be placed on a property regardless of whether the owner wants it on their property. In other words, an owner's property can be claimed against their will if payments aren't made in a specified time period.
This document is the heart of your lien. It must detail the work done or materials provided. ItMoreThis document is the heart of your lien. It must detail the work done or materials provided. It should also State the outstanding amount remember Precision is your friend here.
To file a lien claim, you will need: Property owner's name (or company name) and mailing address. Project address and the county where it is located. The amount owed for each month you performed the work that remains unpaid. A brief description of the work you performed.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
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.
Living in a community property state also means that you and your spouse share liability on debts, even if only one spouse is legally responsible for that debt. Therefore, a creditor may be able to file a lien against a property that is jointly owned.
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.
