Judgment Lien On Jointly Owned Property In Virginia
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FAQ
Where to record a mechanics lien in Virginia. The Virginia lien law states that the memorandum should be recorded in the clerk's office in the county or city in which the building, structure or railroad, or any part thereof is located. If the property spans more than one county, your claim should be filed in both.
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.
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.
Yes, a lien may be placed on property that is jointly owned.
How does a creditor go about getting a judgment lien in Virginia? To attach the lien, the creditor records the judgment on the county recorder's lien docket in any Virginia county where the debtor owns property now or may own property in the future.
Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.
Creditors Can Go After Some Jointly Held Assets In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts. The assets are considered community property.
