Lien on jointly owned property--can subdivide?

[jgimbel]

What is the name of your state (only U.S. law)? CA

There is a child support lien on jointly owner property. I am the party without the lien. Can I subdivide in half so the lien is only on the debtors half of the property and not on my half?

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

There is a child support lien on jointly owner property. I am the party without the lien. Can I subdivide in half so the lien is only on the debtors half of the property and not on my half?

how many threads are you going to start on this same topic? Nothing can be done with this property until the lien is satisfied. OK, got it?, end of story...even if

 

[latigo]

Unfortunately you are not, as you suggest, “the party without the lien”.

Assuming that you and your deadbeat partner purchased this property in cotenancy and the deed of conveyance does not transfer disproportionate interests, then you each own an equal, undivided one half of the whole enchilada.

Consequently the lien for delinquent child is an encumbrance on the debtor’s undivided one half of the entire parcel.

If you two wish to somehow physically carve up the property so that as between the two you have separate ownership, there is nothing to prevent it. But the lien would remain attached to both pieces!

I’m sure that this situation is causing you much grief as it affects the ability to sell or refinance. But as far as the state is concerned there is little danger of it taking steps to enforce its lien. Because the state could only foreclose against the debtor’s undivided one half interest. Your undivided interest would remain in tact and no one is going to make a bid at a lien foreclosure sale to end up owning the other half.

I suppose the state could bid in its lien at such a sale, acquire the debtor’s cotenancy one half interest and then partition a court to have the entire property sold. But that would mean the sheriff selling the property at a public auction and highly impractical.

 

[HappyWanderer]

While true in many states and, maybe, here, CA is a community property state. Apparently, there is a long history of facts I'm not going to seek out (which is why it's good to keep things in the same thread) but I have a couple of questions.

1. How is the title held on the property, exactly. As joint tenants with right of survivorship or as community property with right of survivorship?

2. Were you married when the property was purchased? If so, was it purchased with community funds?

Even the separate debts of a spouse can be collected against community property.

 

[divona2000]

While true in many states and, maybe, here, CA is a community property state. Apparently, there is a long history of facts I'm not going to seek out (which is why it's good to keep things in the same thread) but I have a couple of questions.

1. How is the title held on the property, exactly. As joint tenants with right of survivorship or as community property with right of survivorship?

2. Were you married when the property was purchased? If so, was it purchased with community funds?

Even the separate debts of a spouse can be collected against community property.

Here is the gist of her previous posts: Two brothers own property, one brother has an aprox. $100,000 child support lien, they're trying to get out of paying the lien.

evilelv-CA…county the case is in is Orange We have a six figure arrearages that started at $20K 10 years ago…Im a third party that has interest not only b/c he's family, but also theres lien on a property soon to be in my name and the lien would wipe out almost all the value…I am his sister in law…the amt began as $20K and grew to $100K…The brother agrees to quit claim the property to me and my husband (my husband is already 1/2 owner)…

jgimbel-CA…Preperty where lien is Riverside Cty. Support judgement in Orange Cty....we have a jointly owned vacant land that is co owned with brother in law who has the lien...hes willing to quit claim but cant until lien is settled or expired...the lien that may be as high as $100K…appears to be near 10 years old...

 

[HappyWanderer]

divona2000, I don't know what you're life is like, but....you are so HOT it drives me wild.

Thanks for the summary. I think I lean towards latigo. He seems to appreciate the issues involved.

So, what kind of food do you like?

 

[Antigone*]

divona2000, I don't know what you're life is like, but....you are so HOT it drives me wild.

Thanks for the summary. I think I lean towards latigo. He seems to appreciate the issues involved.

So, what kind of food do you like?

I thought this was supposed to be a G-rated forum

 

[divona2000]

divona2000, I don't know what you're life is like, but....you are so HOT it drives me wild.

Thanks for the summary. I think I lean towards latigo. He seems to appreciate the issues involved.

So, what kind of food do you like?

I thought this was supposed to be a G-rated forum

Oh, now we need an icon that says "Stop! I'm laughing so hard I can't breeeeeeeath!"