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topless
11-20-2007, 08:10 AM
Let's say you have a lien on a house. The owner is married but the spouse is not on the title or loan. The homeowner dies. Does the house go to the spouse or lien holder?
BEER&WATER
11-20-2007, 08:23 AM
does the owner have a trust or will
C-2
11-20-2007, 09:04 AM
Yes, knowing if there was a trust or will is important.
Only a Mechanics Lien attaches to a house and expires if not foreclosed upon; otherwise, an Abstract of Judgment (lien) attaches to the person. In this case, it would attach to his estate, and have to be paid as a debt of the estate.
It also depends on how title to the property was held - and whether or not the spouse was not on title simply because they never got around to it (in which case she most likely has a community property interest), or whether she cut a Quitclaim Deed waiving any rights under California community property laws.
Legal Chemistry
11-20-2007, 09:23 AM
First how was the property taken?
topless
11-20-2007, 09:37 AM
The lien is attatched to the person and was obtained throught the district attorney. The house was for sale last year but fell through because of the lien. I don't know if there is a will or trust but it seems that the lien would be paid off before the house could be transferred or sold. It has to do with back child support that is owed and the house isn't even worth half of the back support owed.
C-2
11-20-2007, 09:54 AM
the lien would be paid off before the house could be transferred or sold
Normally correct. On a title insured transaction, the lien will cloud title. That's not to say there is anything preventing a person from recording a vesting deed on their own, but eventually it will have to be dealt with.
Contact the DA so they can put in a claim against the estate. If they don't do that and you get wind of the property in escrow, contact the DA and have them put a claim into escrow.
Edit:
It's more of an estate matter...I'm not sure how a lien like that fits in with other secured creditors and such.
Did you Google it out?
Legal Chemistry
11-20-2007, 10:57 AM
I think lien holder, remainder if any (like if house is worth 500k and the lien is 400k) goes to probate, so if will gets disposed of as will directed, if no will, then goes to wife per testamentary laws.
you'd really need trusts & estates attorney for this one... good luck