Legal Question in Real Estate Law in California

My girfriend who lives with me has a judgement against her Can a property lien be put on my home I am the sloe home owner I am the only one on the mortgage and LA county tax records


Asked on 12/16/09, 3:42 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No, a lien can only be placed upon property owned by the judgment debtor. As a girlfriend, as opposed to a wife, she has absolutely no community property ownership rights as to anything you own. If the creditor has her address, you might want to send them a letter stating that you ae not married to her, the property is soley yours, and if they attempt to place a lien on it you will sue for their creating a cloud on title. Some reasonable attorneys would advise against contacting the creditor so as not to alert them to the existence of your house, so my advice is not 100% certain.

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Answered on 12/21/09, 4:01 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unless you are registered domestic partners (or married), neither you nor your property is subject to lien, garnishment, seizure, etc. for the debts of a live-in girl friend.

Since you share an address, there is a moderate possibility that you might get debt-collection attempts against you (letters, phone calls) and a strong possibility that she will get some at your joint address. However, unless you receive something that is other than a mass-produced collection letter, and makes obvious direct and personalized threats of collection efforts against you or your property, I'd ignore the ones addressed to you.

Do not ignore anything resembling a complaint, summons, notice of levy, etc. that looks individualized or is from a lawyer, sheriff or court.

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Answered on 12/21/09, 5:15 pm


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