Can my spouse put a lien on our house without my permission if weare legally joint tenants with full rights of survivorship?

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Can my spouse put a lien on our house without my permission if weare legally joint tenants with full rights of survivorship?

Asked on August 3, 2011 Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your spouse can place a lien on your home without your permission. The issue is whether the lien has any validity. Your question is somewhat open ended. If your spouse wants to obtain a loan for himself or herself and secure the loan with his or her interest in the property which is in joint tenancy, she or he probably can assuming the lender is willing to secure the loan with his or her interest in the house.

The issue is that the lien placed by your spouse as to his or her interests only would not be a lien upon your interests in the house because you did not sign any documentation allowing it.

Good question.


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