Can an unsecured creditor put a lien against my home (where I live) if it is jointly owned by me and my husband?

Asked over 4 years ago - Leesburg, VA

The judgment obtained by the unsecured creditor is against me only. The house is owned by me and my husband and we live there with our kids. Can they (unsecured creditor) attach a lien to marital property?

Attorney answers (3)

  1. Lauren Morgan Ellerman

    Contributor Level 13

    Answered . That’s a great question with a technical answer. There are 2 different ways you could own the house jointly. Get out the deed, call the lawyer who sold you the house, and make sure you have titled the house in such a way that only joint creditors could access the home.

    Call today --- and good luck!

  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . Check your deed. If it says tenants by the entireties, then an individual creditor cannot get a lien on the property. If it says "Husband and Wife," there is case law that says it is tenancy by the entireties. Any other method of ownership means the creditor could get a lien.

  3. Alon Joseph Nager

    Pro

    Contributor Level 14

    Answered . I agree with my colleague. If you own the house as tenants by the entirety, your creditor should not be able to put a lien against it. If you own the house as joint tenants or tenants in common, you most likely do not have that protection. However, in some states such as Maryland, there is a presumption that joint property acquired during the marriage is entireties property.

    I don't know what the law is in your state. You should check with an attorney in any case to be sure that you are protected. Good luck.

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