Legal Question in Wills and Trusts in California
I got a letter in the mail 2 weeks ago standing that they are putting a lean on my house because my ex husband owes money to a credit union for a loan he took out and never paid back. I am the owner of the house he sign paper work back in 2008 that he was taking his name of the title of the house leaving only my self on the title. I have not refinanced my house so he is still on the loan, so my question is can they still but a lean on my house ?
2 Answers from Attorneys
it would seem they can not put a lien on your house. First of all, they must have a judgment; his owing money is not enough for a lien to be imposed, there must be a judgment. Secondally, if any of the debts pre-existed the marriage or involved his private/personal money and not community property, then you have no liability. if the debts were incurred after you divorced there is no tliability on your part. If the debtswere incurred for his own private use and not community purposes then you should have no responsibility. If he quit claimed his interests in the house to you, it is your property and not his. Immediately file the quit claim deed. His still being on the loan has no meaning as to who is the owner.
If you gave them the right in your loan agreement to do so, then they may try. Please have your loan documents reviewed and the letter responded to. Contact me directly.
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