Am i liable for ex wifes property lein?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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