Property lien

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Property lien

The wife and I own outright our home and property no mortgage and in our name. We have been sued and most likely a lien will be put against the property we are retired and all income is federal. If we add our daughter to the title she had no standing in the court case can they still put a lien on the property?

Asked on March 7, 2019 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Jointly owned property can be attached by a creditor of only one of the owners. In other words, the creditor can place a lien of co-owned property even if only one of the owner is liable on the debt.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can still put a lien on the property: a lien may be put on property owned or partially (or co-) owned by anyone who is sued, loses, and does not pay. You cannot avoid a lien simply by putting another person's name on the title. 


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