Unmarried but Owning Property: Can a Creditor Place a Judgment Lien?

This article explores the legal complexities surrounding a situation where an individual is not legally married to their spouse and their name is not on the mortgage or deed. Specifically, we address the question of whether a creditor can put a judgment lien on the property in such cases.

Understanding the Legal Landscape

The short answer, based on the information provided, is no. You are not legally married, your name is not on the mortgage or deed, and there is no direct legal connection between you and the property. Therefore, a creditor's ability to place a judgment lien on the property is highly limited.

Legal Protection for Unmarried Partners

However, if you and your partner share financial responsibilities, such as being on joint credit cards, the legal situation can become more complex. In this case, the creditor might be able to charge a lis pendens (a legal process to place a lien on the property) by proving a connection to the property and the debt.

Recording an Abstract of Judgment

Even if you are not a title owner, your judgment creditor can take legal steps to protect their interests. For instance, they might record an abstract of judgment, which can confer a lien on any property you acquire in the future in the county where the abstract is recorded.

The Purpose of an Abstract of Judgment

Recording an abstract of judgment is often beneficial when the judgment debtor is likely to inherit or otherwise acquire property in the future. For example:

If a couple divorces, and the judgment orders one party to pay money to the other, the non-payer might record the abstract of judgment in counties where the judgment debtor's parents own property or where they might inherit or purchase property. This strategy is more effective if a creditor anticipates that the debtor might acquire property in the future, even if it's not owned now.

Timing and Renewal of Abstracts

It's important to be aware of the renewal requirements for abstracts of judgment, as they often need to be renewed periodically. For instance, in California, it's every 10 years. Misunderstanding the difference between an abstract of judgment and an abstract of support judgment can also lead to confusion, as the former is used to collect monetary judgments, and the latter is for support payments.

State-Specific Considerations

This general information doesn't provide a detailed legal strategy for every situation. To ensure the best outcome, it's crucial to consult the specific laws of your state or nation. An experienced attorney can provide tailored advice and guidance on how to protect your interests.

Conclusion

While you might not be legally married and your name may not be on the deed or mortgage, understanding the legal frameworks for judgment liens and abstracts of judgment can offer crucial protection and guidance. For personalized advice, it's advisable to seek legal counsel and stay informed about the laws in your jurisdiction.