Judgment Lien On Jointly Owned Property In Washington

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment Lien on Jointly Owned Property in Washington is a legal form utilized to establish a lien against real property owned jointly by two or more parties following a court judgment. Key features include the ability to file the judgment in the appropriate county to ensure the lien is enforceable against the property. This form is essential for attorneys, partners, and legal professionals to safeguard their interests and can be adapted to reflect specific circumstances of the case. The instructions emphasize that users may need to check multiple counties for additional properties owned by the parties involved. Furthermore, it serves as a communication tool, allowing users to inform relevant parties about the lien status. Filling out the form requires careful attention to detail, including correctly entering names, dates, and addresses. This form is particularly useful for those involved in real estate law and debt recovery, as it provides a mechanism to secure debts through property liens. Its accessibility ensures it can be effectively utilized by paralegals and legal assistants in supporting their teams. Overall, this form plays a crucial role in real property law and debt enforcement in Washington.

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FAQ

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.

His/her interest in the joint tenancy is extinguished, and. The relative shares of the remaining joint tenants increase (“by operation of law”) without the necessity of any probate proceeding until the last surviving joint tenant owns all the property (“last survivor takes all”). RCW 64.28. 010.

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.

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.

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.

(4)(a) A party who obtains a judgment or order for restitution pursuant to a criminal judgment and sentence, or the assignee or the current holder thereof, may execute, garnish, and/or have legal process issued upon the judgment or order any time within 10 years subsequent to the entry of the judgment and sentence or ...

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.

A judgment lien on the debtor's property is created automatically when the property is in the same Washington county where the judgment is entered. But when the debtor's property is in another Washington county, the creditor must file the judgment with the county clerk for that county.

Yes, a lien may be placed on property that is jointly owned.

For both residential and commercial projects, general contractors and subcontractors must file a claim of lien at the county auditor's office in the county where the work was performed within ninety (90) days after the last day labor, materials, equipment or services were provided at the site.

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Judgment Lien On Jointly Owned Property In Washington