Full question:
A judgment creditor recently placed a lien on the home I reside in. About 2 1/2 years ago I signed a quit claim on the property so my husband could get a reversed mortgage as I was under 62 at the time. Can this creditor legally put this lien on the home even if my name is nowhere on the deed or title? Also, the copy of the judgment I received was not dated or signed by a judge.
- Category: Judgment Liens
- Date:
- State: California
Answer:
In community property states, creditors can attach property owned by either spouse. If you transferred your interest in the property while knowing about an impending claim, that transfer could be challenged as a fraudulent conveyance. This means the transfer might be seen as an attempt to avoid creditors. The Uniform Fraudulent Transfer Act outlines that a transfer is fraudulent if made with the intent to hinder or defraud creditors or if the debtor did not receive reasonable value in return and was facing financial difficulties.
You should contact the clerk of courts to view the original judgment if you suspect any issues. According to CA Rule of Court, the clerk must note the date of judgment and the title of the court on the judgment document.
Under California law, the community estate is liable for debts incurred by either spouse during marriage, regardless of who holds title to the property (Cal. Fam. Code § 910).
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.