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Health & Fitness

The debt, the lien and the property: all three must be considered (and understood) in a divorce

The debt, the lien and the property:  all three must be considered (and understood) in a divorce

            In a divorce, the Judge must divide all of the property and allocate responsibility for the debt.  If the debt was incurred to purchase the property, such as with a car loan or a home mortgage, there is often a lien against the property.  What that means is that if the debt secured by the lien is not paid, the holder of the lien may then seize the property to satisfy some or all of the debt.

            The judge may award possession of property that is subject to a lien to one person and order the other person to pay the debt.  If both parties signed for the debt that is secured by the lien, then if the debt is not paid, the lien holder may chose to execute on the lien and seize the property to which the lien is attached and sue either or both of the parties who signed on the debt.  To the lien holder. it does not matter that the divorce judge ordered one party to pay the debt.  At the time that credit was established, the lien holder put its hand in one pocket of each party, and the divorce cannot change that. It is up to the non-responsible person who was sued over an unpaid debt or lost the property to the lien holder to sue the responsible party.

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            Unfortunately, the divorce judge cannot order a party to pay off a debt in a lump sum or order a party to refinance a debt (although the parties can agree to this).  The judge cannot order the lien holder to release the lien.

For more articles like this, visit thecarsonlawfirm.com/virtual-coffee-break 

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