Can a lein be put on the house?


#1

Dear rockmehardplace:

Possibly - but generally he would need your signature. That would affect you exactly how you think…an asset that you own will be encumbered and you will not be able to sell the asset until the lien/encumbrance is paid. Your best bet is a separation agreement during the separation period.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks, Janet, for your answer.

From your response, do I assume that if I stipulate in the separation agreement that I am not responsible for my husband’s financial obligations that this protects the house from any leins from his creditors?

Thanks again for your time.


#3

Dear rockmehardplace:

Greetings. Hey, I forgot to mention that anyone that does work on the house can put a lien on the property without your spouse first obtaining your signature.

Now, as to your second question, the language you suggest is not enough. You need to have your share of the equity removed and the house sold or refinanced (unless you are living in the same). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thanks for your answer.

If I am the one living in the house and I have a separation agreement that includes language stating that I am not responsible for his financial obligations, does the fact that I live there and he does not protect me from his creditors any better?

Thanks again for your answers!


#5

Dear rockmehardplace:

Greetings. If your spouse’s name is still on the deed to the home, he still has a legal interest to anyone else that looks in the records and he MAY be able to attach a lien to the property. I don’t know of anything, other than removing his name from the same or filing a document such a lis pendens (which you cannot do unless you are in a court proceeding) which would put someone else on notice that his interest may be questionable. Living in the house is not enough.

Now, I doubt that anyone would put a lien on the house without your signature, but I have seen it done before. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hello,
I have been trying to get a refund from a debt management company that is refusing to speak with me, and refusing to issue my refund. I hear that they are closing up shop and moving to another state. The owners of the company is selling their house now. Is it possible to put a lien on their house? Thank you.


#7

Dear citykid:

Greetings. I would move quickly on this and file a lawsuit in district court for this and file a lis pendens against the house. Best of luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

If my spouse gets himself into financial trouble after separation and the house is still in both our names (and always has been), can his creditor’s put a lein on the house in an attempt to collect? If so, how would that affect me?