Sunnyvale, CA asked in Bankruptcy for California

Q: I was divorced, In the divorce settlement the wife stayed with the house. After the divorce I filled bankruptcy.

In the BK the second was discharged but they put a lien on the house. Can the X-wife request for the lien to be removed. House being only on her name?

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1 Lawyer Answer
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: In your bankruptcy (assuming a chapter 7), your personal liability to the debt was discharged, but the lien on the house would have survived and remained on the property. Or, are you saying that after your bankruptcy, the lender put a lien on the house? Please respond back with more details so I can fully answer your question. Was the house previously in both of your names? Was the "second" put on the house during your marriage? Even if you were taken off title and your ex received the house in the divorce, I don't believe there is a way for her to get the lien off the house.

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