Am i liable for ex wifes property lein?
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Am i liable for ex wifes property lein?
Divorced 16 yrs ago , was supposed to sell home and split equity , we never did , Now that i have been in
complete and sole possession of house for six years I am trying to assume the loan or refinance outright , She
signed a quit claim deed 5 years ago , but i have just found out someone put a 28000 lien on my house for a
business venture my ex wife was involved in , Am i responsible for the lien?? how hard is it to assume or
refinance now??
Asked on March 2, 2016 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The critical issue is the timing: if your wife was still an owner at the time the lien was put on the property, the lien would be valid and you will to pay it off, since she could not transfer the property to you without the lien; the lien went with the house. If she was not an owner of the home at the time of the lien, it could not be put on your property for her business debt. You should be able to get the lien removed, but may have to file a legal action in chancery court in which you will prove you were sole owner at that time and seek a court order removing the lien.
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