Judgment Lien On Jointly Owned Property In San Diego
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FAQ
Also, in a community property state such as California, a spouse can have debts from other creditors, and those creditors may be entitled to place a lien on a property you own jointly with your spouse as a means of satisfying the debt.
Joint tenancy does not offer asset protection from creditors. If a joint tenant incurs debts or legal liabilities, creditors may seek to satisfy those debts by making claims against the jointly held assets, potentially putting the entire account at risk.
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 tenancy does not offer asset protection from creditors. If a joint tenant incurs debts or legal liabilities, creditors may seek to satisfy those debts by making claims against the jointly held assets, potentially putting the entire account at risk.
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.
An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.
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.
Judgment creditors have the ability to create liens encumbering debtors' real property in Orange County and throughout California. Creditors should record real property liens immediately, as doing so is inexpensive and can be quite effective.
