How do I remove a lien from my sole and separate property? The debt belongs to my husband and we are legally separated.

Asked over 1 year ago - Chula Vista, CA

I have an inter spousal deed. The lien is from a credit union with unknown debt he has accumulated. The property is in my name (deed) but he is still on the loan. I am currently trying to refinance the property and remove him from the loan. How will I be affected by this? What do I need to do first? The lien was placed in 2012 but it has been my property since March 2010.

Attorney answers (2)

  1. Gregory Paul Benton

    Contributor Level 20

    2

    Lawyers agree

    Answered . It doesn't appear this is a divorce issue. This is probably more appropriately handled by an attorney that deals with real estate and property. Liens are complicated legal issues that the average pro per doesn't know how to handle. Please seek legal counsel.

  2. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The simplest way to handle this is to ask the lien holder to release the lien AS TO THE PROPERTY ONLY. And explain that it was wrongfully filed. That way it remains attached to your ex. If they fail to agree to do this contact a local attorney help you navigate this unfortunate situation.

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Deed to property

A deed is a written document describing a piece of real estate and documenting the transfer of ownership from one person (the grantor) to another (grantee).

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