Tuesday, August 24, 2010

If I win a judgment in small claims court, can I put a lien on the house of the debtor's spouse?

I am in California, a community property state. In other words, can a spouse be held liable for a person's debts?If I win a judgment in small claims court, can I put a lien on the house of the debtor's spouse?
If the home is owned only by the spouse then no you cannot place a lien on the property. However, many states do not allow one spouse to own real property separate from their spouse. Thus you could, by registering the judgment in the county where the property is located, prevent the sale of the property without first satisfying the judgment.





You would need to verify this with a local attorney as laws vary greatly from state to state. Good luck.If I win a judgment in small claims court, can I put a lien on the house of the debtor's spouse?
Yes. As you are in a community property state both property owners are responsible for your judgment except:





If they have a pre-nuptial agreement excluding prior debts.





I have collected a debt of a woman who created the debt with me when she was unmarried and went on to be married and own a home with another gentleman.





I got a small claims judgment against her and proceeded to place a lien on their common property. When they tried to sell the home I was paid off by the title company.





Thanks for asking!
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No. The judgment is against the debtor themself. You can however apply to have wages garnished.
Only if his name is on the deed or if she is also a defendant.
not unless the debtors name is on the house.

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