Asked By Wiki User. The departing spouse, often the husband, signs a deed to the house over to the wife, and in return gets a note and a deed of trust secured by the home – a divorce lien. Our home is paid for and the deed is in both mine and my husband's name. So, your wife can probably not make a claim to any new house that you buy - unless you have made some mistakes. A lien on your house could have harmful consequences, leading to foreclosure. If the payment is past due (e.g. You don't need your ex-spouse's signature to sell. State laws vary widely on the extent of a creditor's ability to place liens on real property jointly owned by spouses. The departing spouse can hold the note until it pays off, or he can sell it for cash. My ex-wife was sued by a hospital and the hospital put a lien on my house. An ounce of prevention After a creditor wins a lawsuit against a debtor, the court can grant it a certificate of judgment that can be given to a land records office in … How is a family law real property lien used to enforce a support judgment? Your rights will depend on the laws of your state, and how your state divides marital property and debts between you and your spouse. We tell you which is which. A lien placed against an ex-spouse’s debt can be attached to real estate. My husband's ex-wife is trying to file a lien on my home for $1999.00 for overdue child support and unpaid out of pocket medical expenses. The lien may be placed shortly after a tax debt becomes delinquent or several years later. If payment is not due yet but the divorce judgment gives him the right he can put a lien on the house.. There are a few situations in which your ex can always come after your assets. If you own the house as the sole owner and you live in a non-community property state, it's just your name on the deed. Read the judgment carefully.. Can my ex-spouse place a lien against my home that was awarded to be in the divorce proceedings for attorney fees - Answered by a verified Lawyer We use cookies to give you the best possible experience on our website. The creditor can use a judgment lien on your property to ensure they receive the money they won in a suit against you. The lien can attach to property the debtor currently owns, and may own in the future, such as with a spouse, with a sibling or through an inheritance. Unanswered Questions. Q. The house was given to me as part of our divorce. If a creditor gets a judgment against your spouse (and not you), can it record a lien against real estate that you own jointly with your spouse? 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