Legal Question in Real Estate Law in California

Re: Will a lien on my property protect my interest/judgement?

The marital settlement agreement should distribute her debt to her and leave you not liable for the credit card debt. The house should be divided as well. Call md directly at 1.619.222.3504.

Re: Will a lien on my property protect my interest/judgement?

Your question should be re-asked under the LawGuru bankruptcy heading. A substantial part of the question deals with the specialized issue of dischargeability of debts, e.g. judgment liens, in bankruptcy. My general understanding is that some judgment liens are discharged in bankruptcy, others not. I get the general feeling that if the judgment lien resulted from moral turpitude, e.g. fraud, on the part of the debtor, it might not be discharged.

Your 50% share should be safe, it is just the $30K that is a concern. However, during the pendency of the bankruptcy, any effort to sell the house would presumably have to be approved by the bankruptcy court, but my guess is that would be fairly easy to obtain.

As for "filing a lien" on the property, I would say that the divorce judgment created a lien, and maybe you need to file an abstract of judgment in the county where the house is situated........I would consider this as part of the responsibility (to give advice) of your divorce lawyer, and would advise that you contact him regarding whether to file an abstract of judgment or not.

In any event, re-submit your question under bankruptcy law and see what those lawyers have to say about discharge of a marital property-division judgment in bankruptcy.