Full question:
can a lien be placed on a joint-owned ( marital) property when only one of the owner is the judgment debtor
- Category: Judgment Liens
- Date:
- State: Maryland
Answer:
A judgment lien attaches to the judgment debtor's share of the joint tenancy and remains enforceable if the debtor transfers his share to a third party. If the judgment debtor dies, however, your lien is wiped out under joint tenancy rules, which state that the interest to which a lien attaches is extinguished by the debtor's death. The surviving joint tenants automatically take the property without the lien.
In Maryland, a judgment is a lien against the real property of the judgment debtor for a period of 12 years from docketing with the Circuit Court in the county where the propery lies or the District Court if the property lies in Baltimore City. The judgment may be renewed and extended for successive 12 year periods. The lien attaches any property owned or subsequently acquired by the judgment debtor.
There is no protection from the attachment of the lien such as homestead.
Judgments (except Federal Tax Liens) against only one spouse do not attach to property held by a husband and wife as tenants by the entirety.
Judgments against one joint tenant attach only if the judgment creditor executes against the property in question, which servers the joint tenancy.
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.
