Lien on jointly owned property

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amanda
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Subject: Lien on jointly owned property

Wed Jul 01, 2009 5:07 am

A collection agency recently put a lien on our home to recover judgment. The judgment was against me but the house is jointly owned by my husband and me. I want to know if it is legal. If not can I challenge them in court?

scott

Joined: 28 Jun 2006
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Posts: 462

10934 Magic Points

Wed Jul 01, 2009 6:26 am

Hi Amanda,

As far as I know, it is legal to place a judgment lien on property that is jointly owned by both the spouses (even if only one of them owes the debt). The reason being that one part of of the property belongs the debtor. However, to know whether the lien holder can sell off the whole property or only the part that belongs to the debtor, you should consult an attorney.
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SCOTT

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