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| *Ostroff, Fair and Company>>>Renting & Real Estate |
Leins on Property? |
I just found out that I have some leins on my property. Heres the thing. They belong to my husband who I married in 2002. I wasn't married to him when these bills occared. The other thing is that My husbands name ins't on the deed to the property. I live in Ohio. Is there anything I can do to not be responsible for these bills? You need an attorney or aide, even the title company that pulled up the liens. I live in Indiana and a judgement against one person cannot attach to a property if it is held as "husband and wife", Ohio may be different. Generally when a title company does the search, they pull up all judgements on the owners of the real estate, and those judgements attach to the property by the fact of a judgement in the courts. Your husband must have been in title to the property at the time the judgements were handed down and so attached to the property. Ask the title company if your divorce decree will clear any of the judgements? You can also try a different title company. All title companies search in different ways and you may get a company that is favorable. If those things fail, you will need to hire a real estate attorney. Get one with title experience, Please. Source(s): Experienced Mortgage Broker, Title Agent, Real Estate Investor you need to go get that cleared up. first you need to have proof he has nothing to do with that property. you can get that cleared. you need to call the clerk of court. you need to get that taken care off. he could lie to anyone and say he owned that home and they never checked. you also need to give his new current information to the debts he owes. i would not stand for that. he is responsible for paying that all off. you need to see what to do because until you get that cleared you can not do much with your home. you can not even get a new mortgage on your home. you need to get on that soon. call an attorney and see what they think. shame on him. well wish you best. I don't think you have provided enough information for a good answer. Nevertheless you will need to get to the bottom of this difficulty. For some reason the people who put liens on your property believed your husband had ownership or you agreed to a purchase using the property to secure the goods or services and they could take that action. These things do not usually occur without a reason. You may very well be responsible for paying the lien holders. If you think fraud is involved then you may need the services of law enforcement and/or a good attorney. I don't know Ohio law but in Florida a married couple are usually held responsible for one another's debts. Yes, you need to see a Real Estate attorney because these may be illegal liens, especially since your husband isn't on title. A RE attorney can send a nasty little letter telling them to remove the liens or they will sue. Also have him ( or her ) check to see if your state is an "innocent spoue" state...that means that you are not a party to any debt by the act of marriage alone, unless your name is on the debt....MOST states are like this...so the odds are in your favor. I wish you luck...I think someone is trying to pull a fast one. PS: I think this would be a cheap fix with the attorney. see profile...I never sell anything online. Ohio is one of the few states that have dower rights. When you were married in 2002, your husband gained a marital interest in the property (1/3 to be exact). With this interest established, any lien holders were able to attached the liens to your property. In the state of Ohio, there is no way to give up your dower rights. For more info regarding dower rights... http://www.ohio-title.com/faq.asp#q3... |
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