Legal Question in Credit and Debt Law in California

Yes, the creditor's lien would only extend to that portion owned by the person who owes the debt. The practical effect, however, is that no title company will allow a sale or refinance of the property without the lien being paid in full, regardless of whether your interest has sufficient equity to cover the lien. You can argue to pay only that portion of the lien that is secured by your interest, but in most cases, this comes up at a very inconvenient time (right before a refinance is set to close) and the creditor will use that leverage to get paid in full, and let you settle the debt between your partners.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.