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 Texas
Category:
State:
Multi-State
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
In Texas, a judgment lien can be attached to real estate only (such as a house or land).
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.
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.
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.
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.
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 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.
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.
Texas exempts only two types of real property: (1) one or more cemetery plots: and (2) a homestead. Texas Property Code § 41.001(a). Either families or single adults may claim homesteads. The homestead may be either rural or urban.
