What If The Debtor Owns The Property With A Spouse

What If The Debtor Owns The Property With A Spouse

There are three basic forms of joint ownership that you should be concerned with:

  1. TENANTS IN COMMON: The lien will only attach to the judgment debtor’s ownership interest in the property, and continues to exist even if the debtor dies.
  2. JOINT TENANCY: The lien will only attach to the judgment debtor’s ownership interest in the property, but ceases to exist even if the debtor dies.
  3. COMMUNITY PROPERTY: The lien will attach to the entire property and is enforceable even if the property is transferred to a third-party.

To determine which type of joint ownership applies to your judgment, go to the Land Records Division of the County Courthouse where the property is located and examine the title / deed to the property.

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