Legal Question in Real Estate Law in Illinois

Re: Possible to remove judgment lien?

Since it does not state the type of tenancy, you are tenants in common. This means that if one of you passes away, the survivor would keep his or her half interest, and the interest of the person who died would go to his or her heirs. This would be rather tricky if either of you have children either with each other or from another marriage.

It is very peculiar that the deed TO you would state it is not your homestead. I would be happy to review it if you would like. You do not state in your question whether this property actually is your homestead or not. If not, tenancy by the entirety is not even an option. If it is your homestead, you could still convey the property to yourselves as tenants by the entirety, but if a court determines that the purpose of this conveyance was to avoid your judgment creditor, she could still enforce her judgment lien.

If only your husband has filed Chapter 13 bankruptcy, and this judgment is only against you, then his bankruptcy would have no effect on the lien against your real estate. There are only two ways to clear this lien, pay it, or file bankruptcy yourself, include this judgment in your bankruptcy, and obtain a release of lien.

Another thing which is often misunderstood about tenancy by the entirety is that it does not eliminate judgments against you. When you sell your house, you will still need to pay the judgment lien, if it is still valid. All tenancy by the entirety does for you is prevent someone from foreclosing a judgment lien entered against one of the owners as long the property remains their residence and as long as they remain married.

There is more information about tenancy by the entirety at our website:

http://www.thomasmoens.com/tenancy_by_the_entirety.htm

Re: Possible to remove judgment lien?

i would need to see the deed in order to give you a good answer.

in the unlikely event you are tenants in common, your husband cold partition the property.

you might be able to transfer your homestead to this property and own it as tenants by the entireties.

is this your only home?

you might be able to add it to the chapter 13

email me with more info