Full question:
my husband owes our daughter thousands of dollars. he sign a note to sign our home over to her. now he wants to sell the house and bypass her. how do we place a lien on the house so that he cannot sell it
- Category: Real Property
- Subcategory: Liens
- Date:
- State: Nevada
Answer:
A promissory note is a written promise to pay a debt, which can be secured or unsecured. If your husband signed a note to transfer the home to your daughter, it may involve a Deed of Trust or Mortgage, which should be recorded in local land records to protect the lender in case of default.
Since Nevada is a community property state, any property transfer, including a mortgage or deed of trust, requires the spouse's involvement and signature. If the note to your daughter was not secured by real property, she may need to file a lawsuit to enforce it. If successful, she can obtain a judgment that can be filed as a judgment lien on the property, which would be subordinate to any existing secured interests recorded on the property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.