Legal Question in Real Estate Law in Pennsylvania

I have a judgment against one spouse in a marriage but not the other. They own real estate, and I want to know if I can place a valid lien on their property, even if I only have a judgment against one spouse and not the other? Does tenancy by the entirety prevent this from working? Or is it possible that a mortgage company will not give them clean title if they want to sell the property? Thank you.


Asked on 5/13/16, 4:45 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

From your description of the situation, your judgment will attach only to the proceeds of the sale of the property against whom the judgment was entered, but not to the marital property itself. As to your question about a mortgage company "give them clean title", mortgage companies don't give clean title, so I'm not sure what you are asking. Check with a real estate lawyer in your area, bringing copies of all of the relevant documents with you to the consultation.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/18/16, 12:37 pm


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