Legal Question in Family Law in Maryland
Liens on a property after a divorce
I recently got divorce from my wife and was I got the house. I am trying to refinance the house and found that there is a lien against it because of a back debt my wife has. She didn't pay this debt for many years, we got married and the company SECU put a lien on this property. What are my options.
1 Answer from Attorneys
Re: Liens on a property after a divorce
The lien should not be a problem because as I understand your facts, your wife never owned the house in her own name. Most likely it was owned by both of you as "tenants by the entirety". This is a legal entity that is "unbreakable", which means that a judgment against one but not both of the owners cannot be enforced against the property. One exception--if you didn't acquire your ex's interest in the property until after the divorce went into effect, there was period of time during which the lien could have attached to her interest because you were no longer married.
Of course, if you could get your wife to pay it off, it would completely solve the problem, but I gather that is unlikely. I suggest you find out when the lien was supposedly put on the property, and if it was during the marriage, assert your right that it should be ignored.