Legal Question in Real Estate Law in Virginia

If I have property titled: John Doe and Jane Doe, tenants by entireties and John Doe II, a single man

Can a debt collector put a lien against the title if only Jane Doe has the uncollected debt?


Asked on 1/03/13, 9:38 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if the creditor has obtained a valid judgment against Jane,

the title to this property may be encumbered by the creditor's lien

based upon this judgment, but the lien cannot be foreclosed, judicially

or otherwise.

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Answered on 1/03/13, 11:02 am
Daniel Press Chung & Press, P.C.

I disagree with Mr. Hendrickson on this. Property held as tenants by the entireties is not subject to a judgment lien AT ALL if it is against only one spouse. It is simply not a lien. Such a judgment has no impact on title as long as the spouses remain married.

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Answered on 1/03/13, 12:23 pm


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