4 replies to this topic

[MikTerry]

We were divorced about twenty five years ago. We started living together again about seven years ago. I bought a house. My ex is not on title. He is accumulating large liabilitiesin the form of judgements. Can the judgements be attached to my house? I live in Illinois.

[pg1067]

Since you're not married and he is not on title, no.

[MikTerry]

Two of his creditors have filed liens on my house. I am about to sell the house. Will these liens muddy the transfer of title to a buyer? If so, how do I remove the liens?

[pg1067]

Do the liens expressly attach to the title of your house, or do they generally attach his interest in any real property without specifically mentioning your property?

If the former, you will have to file legal action to remove the liens (assuming the creditors won't do it voluntarily). If the latter, then you simply will need to convince the buyer and the title company that the liens do not, in fact, attach to your property for the reasons I mentioned.

Specifics obviously depend on the laws of your state, which you didn't identify, so I suggest you consult with a local real estate lawyer.

[FindLaw_AHK]

I agree with the previous poster, you may wish to consult with a local Real Estate Lawyer for clarification on this matter.