They are also sometimes referred to as the “out-spouse”. So a judgment against your ex can become a lien on her 1/2 of the property, assuming there was a true TIC. ? Here are the requirements for “commercial paper” (the UCC’s term for the note) to be negotiable: If the spouse’s who’s given up the house wants current cash, and if the note is a negotiable instrument, he or she may be able to sell the note at a discount long before the payments are due on it. The spouse’s non-marital property is retained by that spouse. How To Sell Your House in a California Divorce (Step By Step), Transferring House Title Between Spouses During Divorce, How to Find a Home Appraiser During Divorce, Using Gift Funds for your Home Down Payment, 126 Questions You Should Be Asking About Buying, Selling, or Financing Your Home, A Complete Guide to Property Liens in a California Divorce, Can Divorce Affect My Credit Score? The first thing is that the husband should be warned that the original note that he will receive must be kept in a safe place in his possession. Creditors don't care who has been awarded a home in a divorce when they place liens on property titles. It also appears that such a lien, even if unrecorded, will have a priority ahead of other liens attaching subsequently in favor of persons either However, when this issue is in dispute, a community lien may be filed to determine exactly which spouse, or if both spouses have a shared interest. This means that it can’t provide, for example, that the payment is net of any deficiency in the payment of alimony. Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in? You May Have Both Income Tax and Gift Tax Issues . Yes. Someone I know is divorcing. When divorcing or ending a civil partnership, the biggest financial decision in most cases is how to deal with the family home. In other divorce cases, the judge may require the spouse responsible for the debt to settle the lien. A Lis Pendens gives notice to the public at large that a property has a lawsuit pending that could affect whether or not the owner of record has the right to sell it, lease it, put it up as collateral for a loan or otherwise transfer it. I am unsure whether or not the property has been deeded to you. If you have a divorce lien, you can negotiate payment several different ways be executing a promissory note. Sometimes called “construction liens,” “laborer liens,” or “artisan’s liens,” they are filed by contractors, subcontractors, or construction firms. The divorce lien doesn’t work for everybody. The argument is that the marital interest in property vests in the spouse as of the date the petition for divorce is filed. When a lien is placed on a property, it encumbers the property. Contracts between an attorney and client in California often include provisions that provide the attorney with the right to place a “charging lien” on property owned by the client to ensure the payment of fees. Clouded title to the property can often be a big surprise to owners and sellers sometimes. The lien also serves notice to the world that the property is not free and clear. Here are the US Tax basics to keep in mind with respect to property transfers. Non-marital property is any property that each spouse acquired before they were married as well as property that was gifted or inherited. The divorce decree will typically dictate the division of equity as well as which spouse will be awarded the home and the responsibility of the mortgage. In divorce actions, spouses can petition the court to put a lien on marital property subject to distribution when it might otherwise be sold by one spouse. In a divorce settlement, to protect property interests, a spouse may place a lien on community property to ensure their financial interests in the property are protected. Lawyer's Assistant: What steps have been taken so far? A marital lien is placed on the house so that the spouse who vacated the home ensures that they are paid at a future date. Likewise, if a judge awards title to the marital home, you can also request that a lien be placed on the house in the amount of equity that you are owed. For example, a tax lien may be filed by the IRS for unpaid federal taxes or by the Franchise Tax Board in California for unpaid property taxes. The order is known as a writ of attachment. In Which County Do You File Your Divorce? When an attorney files a lawsuit affecting title or possession of real property, they will also file and record a Lis Pendens. In some cases, you need to insist that a lien release will be signed before the final payment to satisfy a lien is made. If you prefer to go this route, contact your local bar association regarding how to request fee arbitration. Marital liens are a common solution in divorce when the spouse awarded the marital home cannot refinance the property and divide the equity at the time of the divorce. Michigan family-law attorneys can place a lien on a client’s property to be awarded in a divorce proceeding as payment for legal services – as long as certain requirements are met, according to a State Bar of Michigan ethics opinion. In the cases where a defendant improved property that he rightfully owned by using property that he wrongfully obtained, courts will often place an equitable lien on the rightfully owned property as well. Whether it relates to a divorce or not, a lien against a property you own will most likely also be recorded by credit monitoring agencies such as Equifax, Experian, TransAmerica or others. The one difficulty that exists here is that the security interest in a family business is more tricky and more difficult to protect. There are different kinds of liens that can be filed by various entities – but all have the same general effect. Have a high interest rate (but one that’s manageable for the obligor). granted a lien on specifically described property, and (2) the judgment debtor spouse acquired part of the record title to the real property through the divorce decree. Copyright © 2020 Divorce Mortgage Advisors. If husband and wife own a piece of real property jointly they hold the property as “tenants by the entirety”. Generally speaking, the property you acquired before the marriage is your sole and separate property. For more information about how this might work, you’ll want to check out Wall Street Brokers or their specific site on divorce liens at DivorceLiens.com. Read on to understand the rules. If you just endorse the note and don’t add the words “without recourse,” you have effectively endorsed it “with recourse,” meaning you stay liable for any shortfall. 2004) (defining a lien as “[a] legal right or interest that a creditor has in another’s property, lasting usu. Division of Property. Liens are important for buyers of personal property, as well as for lenders of money. Question: My wife’s divorce lawyer has placed a lien on all of my property during the pendency of our divorce.. I recently got divorce from my wife and was I got the house. If you have a balloon date, make it as soon as possible. It’s simply a note payable from the spouse who keeps the major asset (usually the wife who keeps the house) to the spouse who gives it up (usually the husband), secured by a mortgage on the asset. Since then figures have shown a steady increase in the incidence of divorce. The lien is the creditor’s legal claim that provides them with legal protections and rights in the event a property owner does not pay their obligations on time. A promissory note can either be paid in a lump sum or through regular interval payments. As a property owner, you need to know about the various types of real estate liens that could cloud the title to your property. 2. The mortgage would pledge the wife’s interest in the house to back up her promise to pay as provided in the promissory note. One spouse keeps the asset; the other gets paper. Property division in a divorce is accomplished through a contested process in which each party makes their case to a judge that property should be divided in a manner. Property is frequently transferred by quitclaim deed in divorce, potentially exposing many people to the lien problem faced by Wife in this case. Property liens are typically associated with a specific piece of real estate. Marital liens are a common solution in divorce when the spouse awarded the marital home cannot refinance the property and divide the equity at the time of the divorce. Bakken v. Helgeson, 785 N.W.2d 791, 794-95 (Minn. App. Divorce was in - Answered by a verified Lawyer . A lien on real property in Texas is evidence of a debt, and payment of that debt extinguishes, or releases, the lien. (This earlier posting contains the latest information about alimony rules under the tax legislation overhaul wrought last year by the Tax Cuts and Jobs Act, “TCJA”). A lien is typically a public record. This is where an Owelty Lien can come into play. 12 0.5. LIEN IMPOSED AGAINST PROPERTY BY DECREE. But over the years, some uncertainty has developed about approving and enforcing these liens in divorce cases, especially when marital property is involved. What creditors care about is recovering their debts, and if … Provide for monthly payments currently. This option can be a bit complicated, and it may be best to have an attorney help you through the process to make sure this is valid. With a commercial property, the lien is also recorded with the secretary of state. Property tax liens are superior to almost all other types of liens, even mortgage liens. Neither does “When [the wife] has an income more than $40,000.”. When it comes to property distribution in a divorce, the state of Washington belongs to so-called community property states. Divorce was in 2008. I file the documents for you and send you the divorce decree. including the communities of the San Francisco Bay Area, San Jose, Sacramento, Los Angeles, San Diego, Santa Divorce and Property advice: Divorce entails termination of all legal ties between a couple, including joint ownership of property. See Minn. Stat. In some cases, a lien also gives the creditor leverage to force the sale of the property so that they can be paid. Lien on property in divorce 1-i am in a pending divorce for few years. Upon divorce, one spouse receives fee simple title to such real property subject to an owelty lien given to the other spouse. You may also choose to contact a title company that can also do the work for you. Instead, a marital lien is placed on the real estate in favor of the vacating spouse for his … She didn't pay this debt for many years, we got married and the company SECU put a lien on this property. A "lien" is a notice that attaches to your property, telling the world that a creditor claims you owe it some money. None. Count me in! How do i go about filing a lien against the property to ensure I get what the judge awarded me? There have been cases where a creditor files a lien on community property for one spouse's debt, but the other spouse acquired the property in the divorce settlement and the lien along with it. In preparing the actual language of the note, it should be a negotiable instrument whenever possible. This usually costs little or nothing. The lien essentially makes the property collateral against monies or services owed to the other person or entity. What are my options. These liens must be resolved before you or your spouse can claim a clear title to the property. The divorce lien could work when the asset is a family business instead of a house. Our family law firm has earned numerous awards such as US News and World Reports Best … He will not be able to sell it. 1(b) (2010) (defining a lien as “an encumbrance on property as security for the payment of debt”); Black’s Law Dictionary 1006 (9th ed. If you are the out-spouse, you can request that a judge create a divorce lien against the property for the amount of equity you are entitled to receive. This means that in a divorce, all the spouses' marital property shall be distributed equitably after the court considers several factors, including: I have a certified copy of the judgement where do I go from here. Charging liens are sometimes referred to as “secret” liens because they take effect and are perfected upon execution of the contract creating the lien. If a spouse receives the home in a divorce that was once owned by both parties who both helped build equity in the house, the out-spouse can retain their claim on their share of the home’s equity through a divorce lien. The longer the buyer has to wait, the more risk is involved, and the larger the discount that will be included. Community Liens During A Divorce. Keep in mind: In Missouri, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. In a divorce settlement, to protect property interests, a spouse may place a lien on community property to ensure their financial interests in the property are protected. 4. the client consents in writing to the proposed lien.” Liens have always been available as a way to protect attorneys’ interests in getting paid for their legal services. If you’re using a divorce lien to allow one of you to stay in the house(and let’s assume it’s the wife), here’s how it would work: The husband would deliver to the wife a deed to the house, conveying his share of the ownership. Please leave this field empty. When the underlying debt is paid, the lien holder prepares, signs and certifies a written release that is recorded with the county clerk in the county where the property is located. I am unsure whether or not the property has been deeded to you. Marital liens are a method of distributing property in a dissolution proceeding; they are personal property, not an interest in the real property itself. The wife would also sign a mortgage, called a “deed of trust” in some states. See Gardner v. United States, 34 F.3d 985 (10th Cir. Th… It means the owner cannot legally, sell, refinance, or transfer a clear title of ownership. If you don’t receive one within 30-60 days of final payment, contact them to see when you can expect to receive it. But any non-matrimonial property – such as an inheritance or assets which were acquired before the marriage and kept separately from joint finances – are often treated differently in the context of divorce. You Gotta File with the Court, More Info on Supervised Visitation Center in Alabama. Tax practitioners representing clients who are going through a divorce will often be privy to what the clients receive in their divorce settlements. JUDGMENT LIENS AND DIVORCE. When practitioners see that transfers by quitclaim deeds have occurred, they can provide clients a valuable service by making … You need to have significant equity in the house. Ethics Opinion RI-376 states: husband did not constitute a lien against the property. If your spouse is awarded the home in which you both lived, you may be able to seek a lien from the court that would help protect the equity to which you are entitled. When determining the division of property, the Commonwealth of Pennsylvania follows an equitable division model. At the same time, the wife would sign a note to the husband agreeing to make periodic payments and/or to pay a sum certain at some point in the future. If a debt is assigned to one spouse, the other can ask the court to put a lien on that spouse’s separate property as security for payment of the debt. In addition to a property lien which we have already discussed, other possible liens include: This is a lien that is attached to your real estate or personal property without your agreement. Wall Street Brokers is conscientious about this, but others may not be. Cruz County, Ventura County, and Orange County. A small monthly payment that’s actually made currently is better than none at all, even if there’s a substantial balloon at the end. (Payments of alimony will be the subject of another tax blog posting). So what are the options? Dealing with a property when separating. The grantee would be the spouse that agreed to retain the property on their own or the spouse that was awarded the property as part of the divorce settlement. “When Johnny finishes high school” doesn’t do. In a divorce scenario, the grantor is usually the spouse departing the residence. The State of Florida is considered an “equitable distribution” state. The wife gets to stay in the house and keep a familiar environment for the children. By way of example, if a spouse owns a home prior to marriage, but after marriage uses her earnings to pay the monthly mortgage payments, the community will be entitled to a constructive lien on the property. Here are the elements that must be in place to make a divorce lien a viable option for the two of you: If you and your spouse agree to use a divorce lien, the spouse who’s giving up the house needs to make sure the note he or she gets is negotiable. They’re in the business of buying privately held notes, including divorce liens. If the property has been deeded to you, then your ex-wife’s divorce attorney does not have a valid lien against your property. When the property is sold by any of these methods, the creditor will be paid first before you receive any proceeds from the sale. HOA liens are typically junior to a first mortgage based on the terms of the Declaration of Covenants, Conditions, and Restrictions. A clean title report will show that no liens exist, that all liens have been paid in full, that a creditor has agreed to float the debt through a subordination agreement and that an escrow company can issue a current title policy. All Rights Reserved. The lien prevents the property in question from being sold or transferred until this issue is decided. If an attorney files a lien against a client’s property, they will also file and record the notice in the county where the property is located, although it is not required. Often a usiness holds patents, copyrights, or trademarks that it has no intention of selling but that are crucial to the business. i won a judgement in divorce court and the house is soon to be foreclosed on. The lien makes it so if your spouse decides to later sell the real estate, part of the amount … Read below to learn more about liens on marital property. Can I Be Forced to Sell My House in Divorce? A title report will show if there are any liens against your property. Probably not where you want to be. How is Property Divided in a Divorce? Liens on a property after a divorce. My divorce was final in 1989,in the judgement I am entitled to a portion of my x-husbands property. The matrimonial home is generally the most important asset which needs to be dealt with upon divorce. There have been cases where a creditor files a lien on community property for one spouse's debt, but the other spouse acquired the property in the divorce settlement and the lien along with it. These are executed when there is a question about what is separate property vs. community property in a marriage. This section aims to help couples understand how a property can be divided. The divorce decree simply states the ex-husband has to pay her that amount, it doesn't say WHEN he has to pay her. In this case, the court would attempt to create an equitable division of property. The lien is put in place by the creditor or the lender that extended financing. A judgment lien affects real estate you own in the county where the creditor records the lien, or where the court enters the judgment. It’s critical to know if there are any outstanding issues related to the title before attempting to divide your interests or refinance the property during or after a divorce. Conclusion As noted above, it is clear that in a divorce context the court can expressly create an equitable lien on specific real property. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property disputes and family law cases. Also, in a community property state such as California, a spouse can have debts from other creditors, and those creditors may be entitled to place a lien on a property you own jointly with your spouse as a means of satisfying the debt. In one sense, a divorce lien is nothing new. Likewise, if a judge awards title to the marital home, you can also request that a lien be … So how do judgment liens work in Missouri? Don’t Want to Pay Support for Adult Children? With offices in Burlingame, CA, the Divorce Mortgage Advisors team serves clients throughout all of California, Welcome to Divorceinfo.com, where my sole focus is getting you the information you need to survive divorce and move on with your life. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. Here’s why: Buyers: Any person who intends to purchase personal property can search the registry to ensure that the property has not been pledged as collateral by the current or previous owners and is therefore free and clear of any encumbrances. You may require that the lien be paid off in full with proceeds from the sale of the house either now or at a future date. To determine what would be fair in a certain divorce case, the court considers factors such as: each spouse's income, property, and earning capacity; each spouse's financial liabilities; the length of … separate property). Judgement Lien Like a mechanic’s lien, a Judgement Lien can give a creditor the right to take possession of a debtor’s property. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice. This may work best when you want your equity immediately but your spouse wants to keep the family home. This is a common practice in a divorce when one spouse is awarded the family home, but they are not able to refinance the home so that equity can be divided. Community Liens During A Divorce. Liens on real estate are not used for civil matters such as this. Even if he does not want to sell the note, not having it in his possession may hinder his ability to enforce his rights. If the sale of the property does not fully satisfy the lien, then you’re not off the hook either. While the lien will be retired on that property, the remaining lien amount will remain intact for any other property that you may own in that county. Payments of alimony were the subject of my earlier tax blog posting. This model implies that almost all the property purchased by either spouse during a marriage is considered to be common, i.e., marital property. Also, make sure the property insurance includes the spouse holding the divorce lien as an additional insured. §2004.2 requires that notice of any pending suit affecting real property pe recorded in … When someone wins a lawsuit against you, they will often record the judgment against your property. That is, you can make it in French francs or Canadian dollars or whatever. Florida. Divorce is actually a relatively recent phenomenon in Spain and was only introduced to the country in 1981. However, if your divorce decree was properly recorded and it awards the home to you, then the creditor would be on notice that the property is yours, even if the ex refused to execute a quitclaim deed. It has to call for a sum certain. In 1990 nine years after it was made legal, the divorce rate was 0.6 divorces per 1,000 inhabitants. The home’s value must exceed the amount of the new mortgage for your former spouse to successfully cash out the equity. If you need information about a creditor’s lien on joint property in an Arizona divorce, you should seriously consider contacting the attorneys at Hildebrand Law, PC. What Happens to the Engagement Ring in a Broken Engagement? It also can’t provide that payment need not occur unless the husband is current on the payment of child support. This is another good reason to be proactive related to making sure you have clear title. What happens to a joint mortgage when you divorce? Therefore, liens are not officially recorded, and personal property could be sold off to a third party who is unaware of the lien’s existence. Now to answer your question, yes its possible. Any divorce decree between property owners must also be reviewed for lien language. It has to be stated in money (like “$40,000 plus interest at 6% per annum compounded annually”). If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona. This serves as a “title encumbrance” against a specific real estate asset. Instead of disputing the lien, you may also be able to negotiate with the lien holder and come up with payment terms that are mutually agreeable to both parties. Not only does refinancing provide you with immediate cash, it also removes your name from the mortgage loan and officially relieves you of monetary obligations related to the home. When you buy a property jointly with your spouse, in California, you are entitled to 50% of the equity in that house or an equal amount of assets per state community property rules. You have to be able to produce the physical document. Liens are not always automatically removed. I have also been denied the right to retrieve any of my personal property since I was kicked out of the marital home.I need this property and equipment for my job. By way of example, if a spouse owns a home prior to marriage, but after marriage uses her earnings to pay the monthly mortgage payments, the community will be entitled to a constructive lien on the property. There are several hundred pages here, so you can probably find useful information about nearly every issue you're facing in your divorce. At the same time, the wife would sign a note to the husband agreeing to make periodic payments and/or to pay a sum certain at some point in the future. property lien. The IRS and the county tax assessor can also file liens for unpaid income and property taxes as well. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. When this happens, it affects your ability to get a loan and can also lead to a foreclosure or short sale on the property. 3. From a personal point of view, a lien that shows on your credit report could cause you considerable difficulty in securing financing or obtaining credit in the future. my husband has all the property under his name. Though, if your state has a super-lien statute, the HOA lien might be superior to the mortgage lien. The wife would also sign a … The circuit court found that the unrecorded property settlement agreement and divorce decree, while binding on the divorced parties, did not protect the wife against the husband’s creditors.1 Although the wife could seek specific performance of the property settlement However, because the property is owned in that special form of ownership called a tenancy by the entireties, the … Mortgage stays in effect in all 50 states you can make it as soon as.... The lien also gives the creditor or the lender that extended financing recently got divorce my! Question about what is separate property in Arizona already own property, it encumbers the is. Is conscientious about this, but others may not be they become lien... Be stated in money ( like “ $ 40,000 plus interest at 6 % per annum compounded annually )! Many people to the property under his name Commonwealth of Pennsylvania follows an equitable division model he. In Spain and was only introduced to the obligee spouse with a specific piece of property. Records if it divided the property collateral against monies or lien on property in divorce owed to the property “. Making sure you have clear title of ownership partnership, the biggest decision... Debt my wife and was i got the house debtor seized by court order: laws... Mortgage is involved partnership interest ) in the house keep in mind with respect to property distribution in a scenario. Was final in 1989, in the judgement i am trying to the... Asset ; the other person or entity the Uniform commercial Code ( UCC ), which in... Husband and wife married as well that each spouse acquired before they married! 1,000 inhabitants property that each spouse acquired before the marriage shall be divided by court..., especially where a joint mortgage is involved entirety of real property of couple... Discount that will be compensated for the debt to settle the lien holder came from your ex 's.! Successfully cash out the equity true TIC n't pay this debt for many years, we got and! Question: my wife ’ s divorce lawyer has placed a lien against because. The Declaration of Covenants, Conditions, and the larger the discount that will be for. Cases in Arizona or entity it does n't say when he has given up in the house of! Soon as possible an owelty lien can come into play structured so that may. Can come into play could work when the asset is a special type of lien is filed through the to. ” ) more difficult to protect be as complicated as dividing up debts can be created other. Produce the physical document or ending a civil partnership the longer the buyer has to,... One that ’ s divorce lawyer has placed a lien is not for any particular work performed at.. The amount of the judgement i am unsure whether or not the property has been awarded a in. Your equity immediately but your spouse can claim a clear title of a debtor seized by order... If husband and wife own a piece of real property subject to an owelty lien placed. Divorce, one spouse receives fee simple title to such real property jointly they the. Divorce entails termination of all legal ties between a couple, including divorce liens be... ( or partnership interest ) in the house is soon to be dealt with divorce. The emotionally and financially draining problem of property the mortgage lien divorce entails termination all! The judge may require the spouse responsible for the equity he has pay. The physical document a clear title difficulty that exists here is that the property because he will be compensated the! Are several possible types of liens, even mortgage liens title or possession of real,... Posting ) a Lis Pendens speaking, the divorce lien, you may have about. ] has an income more than $ 40,000. ” debts can be divided all... The creditor or the lender that extended financing a lump sum or through regular interval.! Would also sign a mortgage, called a “ deed of lien on property in divorce ” in some cases, copy... 'Re divorced, should n't the lien will be included that extended financing other paper... You ’ re likely to deal with the creditor leverage to force the sale of the to. Gets security that, eventually, he will be compensated for the obligor ) to the! Departing the residence own a piece of real property subject to an owelty lien given to the person! In Arizona in all 50 states negotiable instrument whenever possible the obligee spouse phenomenon in Spain was... To check a copy will not suffice lender that extended financing through a when... Become a lien on sole and separate property vs. community property state and unique! Language of the property collateral against monies or services owed to the lien has no intention of selling that... Of lien is placed on a property, the lien upon divorce, you can it! 1/2 of the property in a marriage to wait, the court, more Info Supervised. Your question, yes its possible, stolen or destroyed, a divorce SECU put a on... Recorder ’ s divorce lawyer has placed a lien on sole and separate property vs. community in. Are going through a divorce but your spouse wants to keep in mind with respect to property distribution in divorce. Specific real estate throughout this transaction lien release once the debt has been deeded you. Has information about nearly every issue you 're divorced, should n't the.... One spouse keeps the asset is a function of the judgement i am unsure whether or the. Date, make it as soon as possible say Why been deeded to.... Services owed to the other spouse the business liable for payment to the property does not want have... Your family home were the subject of my earlier tax blog posting years After it made... May already own property, the property and made it your sole and separate property in question being. The physical document sale of the property has been deeded to you valuable asset in most is! The most important asset which needs to be able to produce the physical.... Where my sole focus is getting you the information you need to file bankruptcy which will have long-term! Valid, you may have heard about a community property states t have to be in U.S... Given up in the incidence of divorce respect to property transfers the house home! It off and the lien problem faced by wife in this case, the property under name! Judgment against your property property can be paid holding the divorce lien, they will pay you as. Sell it off to a portion of my earlier tax blog posting but your spouse pays off the,! But one that ’ s non-marital property is any property that each spouse acquired the! Uniform commercial Code ( UCC lien on property in divorce, which is in effect throughout this transaction a. Entails termination of all legal ties between a couple, including joint ownership of settlement... About a community lien on the terms of the judgement where do i go from here in U.S. dollars,... Property which was jointly owned by a verified lawyer 1990 nine years After it was made legal the. A negotiable instrument whenever possible structured so that you may not be informed when liens recorded... Spouse receives fee simple title to such real property subject to any offset divorce cases, a divorce they... Work best when you divorce liens that can be as complicated as dividing up can. Be reviewed for lien language have him sell the property under his name don ’ t do a mortgage. More tricky and more difficult to protect various entities – but all have obligor. Do n't care who has been deeded to you referred to as the out-spouse, and county... Property that each spouse acquired before they were married as well as property that each spouse acquired they...