Legal Question in Real Estate Law in California

Colection Company recorded unsecure credit card lien to my property. That lien belong to my wife, but house belong to me. How I can remove that lien from my property?


Asked on 12/15/12, 9:20 am

3 Answers from Attorneys

There is no such thing as an "unsecure credit card lien." Furthermore, there is a good possibility that a) at least part of the debt is community debt and that your wife has at least some community property interest in the property. Without reviewing all the details of the situation, there is no way to tell if or how the lien might be removed, or even if it is a real lien.

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Answered on 12/15/12, 1:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. McCormick. It would be very unusual for your wife not to have some interest in your house, even if title is recorded in your name alone. If, for example, you have a mortgage on the house - even in your name alone - and you make the payments from your paycheck - your wife will have an interest in the house because your paychecks are community property and that gives the community an interest. The way to remove the lien is to pay the debt. (That's the starting point, anyway).

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Answered on 12/15/12, 4:49 pm
Anthony Roach Law Office of Anthony A. Roach

None of your post makes any sense.

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Answered on 12/17/12, 2:50 pm


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