Legal Question in Real Estate Law in California

Re: Lien on home

Yes. The lien will only attach to the obligor's interest in the property, not to the other owner's interest. As a practical matter, however, nothing can be done with that property by either party (sell, refinance, etc...) without the lien being removed.

*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.

Re: Lien on home

Yes. The legal result depends to some degree on the nature of the lien and the relationship between the parties and the property. As a general rule, a lien will only attach to the debtor's interest in the property, and not to the interest of a co-owner, but there are exceptions.

Re: Lien on home

Of course.