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Judgment Lien On Jointly Owned Property In Washington
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Multi-State
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US-0025LTR
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Word;
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FAQ
A judgment lien on the debtor's property is created automatically when the property is in the same Washington county where the judgment is entered. But when the debtor's property is in another Washington county, the creditor must file the judgment with the county clerk for that county.
Yes, a lien may be placed on property that is jointly owned.
For both residential and commercial projects, general contractors and subcontractors must file a claim of lien at the county auditor's office in the county where the work was performed within ninety (90) days after the last day labor, materials, equipment or services were provided at the site.
You must include a statement of demand, the name of the owners of the property, the name of the person who hired you, a description of the property and a proper verification under oath (notary). ORS 87.035(3)-(4). You must record the lien in the county where the project is located.
Interested parties may contact the county recorder's office where the property is located or where the owner resides to begin a tax lien search in Washington. This may be the most reliable method of obtaining all the information required.
Liens on jointly-owned property As mentioned, a lien can be placed on jointly-owned property depending upon the terms of ownership. If a married couple owns a house through a special quality of title called “tenants by the entireties” an individual creditor cannot place a lien on the property.
A lien created by ORS 87.503 (Lien for long term care) shall not continue in existence for a period of more than 10 years after the date on which the lien was perfected under ORS 87.507 (Perfecting lien).
The joint account held in the entireties, therefore, cannot be attached by a statutory lien, without the prior permission of the non-debtor account holder.
If the joint owner has debts, files for bankruptcy, or is subject to a tax lien or judgment, creditors may pursue the jointly owned property. For example, if you add your adult child to the deed of your home and they have undisclosed debts, your property could be at risk of being seized to settle those debts.
For both residential and commercial projects, general contractors and subcontractors must file a claim of lien at the county auditor's office in the county where the work was performed within ninety (90) days after the last day labor, materials, equipment or services were provided at the site.
More info
In Washington, a property lien can be used to collect a court judgment. Here's how it works.A judgment lien is a lien that arises because of a past court case that found the debtor liable for breaching express or implied contract terms. Lien on real estate to satisfy: RCW 4.56. 190 through 4.56.210. A judgment creditor of your spouse may be able to file a lien against real property that you jointly own with your spouse. Instructions for Proof of Claim Form. The instructions and definitions below are general explanations of the law. Property is held as a tenancy in common if the deed doesn't specify a particular type of joint ownership. The original claim must be sworn to and signed in the presence of the Court Clerk or a Notary Public.
