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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can a lien be set against a property in which I live with my

Customer Question

Can a lien be set against a property in which I live with my wife ,she owns the house .
Submitted: 4 months ago.
Category: Family Law
Expert:  Aston Lawyer replied 4 months ago.

Hi,

Thanks for your enquiry.

If the property is in your Wife's sole name, no creditor of yours is entitled/able to register a lien/Charge over the property. Only if the debt belonged to your Wife would this be possible.

I hope this assists and clarifies the position for you.

Kind Regards

Al

Customer: replied 4 months ago.
Hello al thanks for the reply . I have a further question .
If my wife's house is as you say safe, Is it still so as the house was purchased 18 months ago using funds after the sale of a previous property which my wife and myself then jointly owned ?
thank you.
Expert:  Aston Lawyer replied 4 months ago.

Hi,

Thanks for your reply.

Provided your name is ***** ***** the Deeds, the new property is indeed safe.

The only thing you have to made aware of is that if you were to be made Bankrupt within 5 years from the date you sold the jointly owned property, the Trustee in Bankruptcy could apply to Court and make a claim against the new property, equalling the amount you "put into the new house" IF he can prove that you gave your wife the funds to purchase the new property in order to avoid creditors. (Unless there was evidence to the contrary, you would have been deemed to have owned half of the value of the jointly owned property, and this half would be at risk of being claimed by the Trustee).

I hope this makes sense and confirms the legal position to you.

If I have helped, please don't forget to rate my answer.

Thanks

Al

Customer: replied 4 months ago.
AI , my thanks for prompt and clear reply to my concerns .
regards John.
Expert:  Aston Lawyer replied 4 months ago.

Thanks John. Please don't forget to rate my answer, so I can get credited for my time. Kind Regards Al

Expert:  Aston Lawyer replied 4 months ago.

Hi John, I would be grateful if you could rate my answer. Many thanks Al

Expert:  Aston Lawyer replied 4 months ago.

Hi John, please would you take time to rate my answer. Thanks Al

Expert:  Aston Lawyer replied 4 months ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer, so I may get credited for my time. Thanks Al

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