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If a home has 2 owners owner 1 and then owner 2 and there is a lein placed against owner 2 can the lein holder take the home?

Harrisburg, PA |

owner 2 was being sued for damages and the other party placed a lein against the home which owner 2 is not the main owner of the home can they still take the home?

Attorney Answers 3

  1. As a general rule, the lien only goes against the interest of the person who incurred the debt. The foreclosure of the lien would result in the sale of the debtor's interest, and owner 1 would wind up being a co-owner with some unknown person who would thereafter have the right to force a sale of the entire property like any other co-owner ("partition").
    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

  2. Yes and no. Yes, they can probably force a sale of the home. But no, they can't take away the interest of the owner who was not the debtor. Generally half, if there are two owners and there's nothing unusually going on. So they can "take" it in the sense that they can force the home to be sold, but they can't "take" in in the sense that the non-debtor owner is left with nothing.

    In such a case, it would still be in the interest of the non-debtor to pay off the debt.

    This answer does not constitute legal advice and does not establish an attorney-client relationship.

  3. I agree with my colleagues. The creditor could take only the debtor's interest. However, the creditor could thereafter move for partition and sale of the property.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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