Sandy, TX asked in Real Estate Law for Kansas

Q: Is it possible to put a judgment lien on a home in Kansas if the wife is the only person on the property records.

The judgment is against the husband

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered

A: Generally, if Husband had a judgment debt and his Wife was not also a debtor of the same judgment, his judgment would not be enforceable against the Wife or her separate property. This also means that if she owned a home and Husband was not also a title owner, a judgment lien recorded against Wife's property would likely be a cloud on her title and the judgment creditor could be liable to her in damages. Be careful, however, that Wife was not also a debtor for the judgment debt and that Husband was not also a title owner of the property. Husband may have a homestead interest in their marital residence, but that is usually exempt from creditors. You should speak to an attorney in Kansas who can examine the facts and give legal advice on the actual situation.

PS: My comments here are for general information only and are not legal advice about your specific situation. They also do not establish an attorney-client relationship between us. For legal advice, contact a lawyer in your state.

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