Legal Question in Real Estate Law in California
Prior to our divorce, my ex-husband and I bought a house together. He then applied for a credit card on his own name and failed to pay for the bills. His credit card company eventually put a lien on the house. After our divorce, the court awarded each party the debts post divorce. The court also awarded me the house. His name was removed from the title of the house through filing a Quitclaim deed. However, the lien his credit card company has put on the house still stays on the house. Currently, my ex-husband is missing. How can the lien be removed from the house if I do not want to pay for his credit card company on his debts?
2 Answers from Attorneys
There is no way to remove the lien without paying the debt, or having it discharged in bankruptcy if you qualify. The divorce court can allocate who pays what debts as between the two spouses, but a community debt remains a community debt as between the spouses and the creditor. Right, wrong or indifferent, you jointly owe that money with your ex. Your only recourse is to find him and collect from him or get a court order that he pay off the judgement directly.
I agree with Mr. McCormick.
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