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arletta11 · Feb 3, 2012, 01:05 PM

Can my ex husbands debt be put against my property even thou his name is no longer on the title?

AK lawyer · Feb 3, 2012, 05:13 PM

It would depend, of course, partly on where you are (state or country).

And what kind of a lien are you asking about? I can imagine, for example, circumstances under which a mechanic's lien might properly attach to your property.

Or is it a judgment lien you are asking about? In many states, a judgment, if it is against your husband, would be recorded and would automatically constitute a lien against any property in which he holds an interest. So, later, the judgment creditor could seek to foreclose the lien against your property if the creditor could establish such a property interest.

So it depends.

ScottGem · Feb 3, 2012, 05:18 PM

If he is no longer on the title, then he has no ownership interest in the property. So it is unlikely that a lien can be placed on the property,

arletta11 · Feb 6, 2012, 10:07 AM

I am from New York and while doing refinancing I found out that there were some judgments against my property that Title Company required me to pay in order to close on the refinancing. There were some traffic tickets on my ex husband's name that were put against my property in 2010 even thou we he was no longer on the title. We transferred property from both of our names to only my name in 2009.
I was told by the title company that the judgment from 2010 was entered against my property because the transfer between me and my ex husband was without the consideration and that judgments in my ex husband's name can be entered against my property for another 6 yrs from the day of transfer. How is this possible? What is my defense against this? We are no longer married and he is no longer owner of the house. I think 6 years is a bit too long! Also, is there any way I can monitor what is put against my property? I don't want any more surprises.

ScottGem · Feb 6, 2012, 10:34 AM

Its entirely possible that liens are allowed to prevent a spouse from transferring property to avoid a debt. I would sue your husband for the cost of satisfying those liens.

Since you paid the liens, it is too late to try and fight the liens on the grounds the transfer was a result of a divorce settlement.

Check with your divorce attorney. You may be able to publish a notice that you are not responsible for your husband's debts after x date. As for monitoring the property, check with your title company or county clerk to see if there are any notification services available.

AK lawyer · Feb 6, 2012, 04:51 PM

Originally Posted by arletta11

I am from New York and while doing refinancing I found out that there were some judgments against my property that Title Company required me to pay in order to close on the refinancing. ...
I was told by the title company that the judgment from 2010 was entered against my property because the transfer between me and my ex husband was without the consideration and that judgments in my ex husband's name can be entered against my property for another 6 yrs from the day of transfer. How is this possible? ...

Evidently this happened a while ago. What you should have done was contacted your divorce attorney then, before paying the liens, and found out if the title company was right and, of so, gone against your ex husband. A property settlement in the context of a divorce is with consideration. It may have been that whoever prepared the deed did so improperly. But, at this point, you have essentially waived any defenses you may have had.