In NY can a lien be placed on a home that is jointly owned by husband and wife if only the husband is named on a judgment by an oc?Can her half of the property have a lien placed on it?How would a lien effect her if the house were sold?
They can certainly place a lien on any property that the debtor is listed on, and if the house is sold, the lien obviously has to be paid with the sale. However, I can not find any information about the example of the wife's share of the house, although what would the wife want to do with her 50% fo the house?
Since she is 50% owner how can a lien be legally placed on her half of the property if her name is not on the judgment?What if two people jointly own a home who are not married how can a lien be placed on that property when only one person has a judgment against them?What if that property is a two family home?
Liens on Jointly Owned Property How a lien on jointly owned real estate works depends on the form of joint ownership. To find out how property is owned, you can check the deed in the county recorder's office or hire a local title insurance company to check for you. Tenancy in common. A judgment lien attaches to the debtor's particular interest and remains attached even if the judgment debtor transfers -- or leaves in a will -- her ownership to someone else. Property is held as a tenancy in common if the deed doesn't specify a particular type of joint ownership. Joint tenancy. A judgment lien attaches to the judgment debtor's share of the joint tenancy and remains enforceable if the debtor transfers his share to a third party. If the judgment debtor dies, however, your lien is wiped out under joint tenancy rules which state that the interest to which a lien attaches is extinguished by the debtor's death. The surviving joint tenants automatically take the property without the lien. Community property or tenancy by the entirety. A judgment lien attaches to the entire property when it is held by a married couple as community property or tenancy by the entirety. The lien will be enforceable against the property even if it is transferred to a third party.
