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 share of the joint tenant who is the judgment debtor. This lien remains valid even if the debtor sells their share to someone else. However, if the judgment debtor dies, the lien is extinguished due to joint tenancy rules, which state that the surviving joint tenants automatically inherit the property without the lien.
In Maryland, a judgment creates a lien against the real property owned by the judgment debtor for 12 years from the time it is filed with the Circuit Court or the District Court in Baltimore City. This judgment can be renewed for additional 12-year periods. The lien applies to any property owned or acquired by the judgment debtor.
There are no protections like homestead exemptions against the attachment of this lien. Judgments against one spouse do not affect property held as tenants by the entirety. For joint tenants, a judgment attaches only if the creditor takes action against the property, which severs 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.