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Judgment Liens
Is a lien on my wife's property legal if I have a judgment against me?

Is a lien on my wife's property legal if I have a judgment against me?

Q: What are the three types of liens?

The three main types of liens are: 1) Mortgage liens, which secure loans used to purchase property; 2) Judgment liens, which arise from court judgments against a debtor; and 3) Tax liens, which are imposed by the government for unpaid taxes. Each type serves to protect the creditor's interest in the property.

Full question:

I have a judgement against me. The person who got the judgement put a lien on property solely owned by my wife. We live in Kansas and this is not a community property state. She cannot refinance because of this lien. Is the lien legal?

Category: Judgment Liens
Date: 04/07/2025
State: Kansas

Answer:

A judgment lien is a legal claim against a debtor's property, created when a court issues a judgment in favor of a creditor. In Kansas, a judgment lien can be placed on real estate owned by the judgment debtor within the county where the judgment was rendered. However, if the property is solely owned by your wife and you have no ownership interest in it, the lien may not be valid against her property.

To create a valid lien, the lienholder must have a legal interest in the property. Since Kansas is not a community property state, your wife's property is not subject to a lien based on your judgment unless she is also a debtor. If the lien is wrongfully placed, it can potentially be challenged and removed. This may involve filing a release of lien with the county recorder's office or petitioning the court for a release if the lienholder refuses to cooperate.

For more details, refer to Kansas Statute 60-2202 regarding judgment liens.

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.

FAQs

How long is a judgment valid in Kansas?

In Kansas, a judgment is generally valid for five years from the date it is entered. After this period, the judgment can be renewed for an additional five years if the creditor files a motion to renew it before the original judgment expires. If not renewed, the judgment is no longer enforceable. It's important to keep track of these timelines to ensure that a judgment remains valid.

What is the difference between a judgment lien and a property lien?

A judgment lien is a specific type of lien that arises when a court issues a judgment against a debtor, allowing the creditor to claim the debtor's property to satisfy the debt. A property lien, on the other hand, can be placed for various reasons, such as unpaid taxes or loans. While both types of liens can affect property ownership, a judgment lien specifically relates to a court judgment.

Is a judgment and a lien the same thing?

No, a judgment and a lien are not the same. A judgment is a court's decision that determines a party's rights and obligations, often requiring payment of a debt. A lien, however, is a legal claim against property to secure payment of that debt. A judgment can lead to a lien being placed on property if the creditor seeks to enforce the judgment.

Who can put a lien on your house in Kansas?

In Kansas, a lien can be placed on your house by creditors who have obtained a judgment against you in court. This includes individuals or businesses owed money. Additionally, tax authorities can place liens for unpaid taxes. However, for a lien to be valid, the creditor typically must have a legal interest or claim against the property.

What are the three types of liens?

Can jointly owned property be seized?

Yes, jointly owned property can be seized, but it depends on the ownership structure and the nature of the debt. If one owner has a judgment against them, creditors may be able to place a lien or seek to seize the property, but only their share of the property can typically be affected. The rules can vary, so it's advisable to consult a legal professional for specific situations.