Lien
A legal claim placed on property to secure payment of a debt, which must be satisfied before the property can be sold or transferred.
Understanding Lien
In divorce, liens can arise in several ways. A court may place a lien on one spouse's property to secure payment of support or equitable distribution obligations. Tax liens, mortgage liens, and judgment liens all affect how property is divided and who is responsible for the underlying debts. Before a marital home can be sold, all liens must be addressed. Understanding existing liens is critical because they reduce the net equity available for division.
Real-World Examples
The court placed a lien on his rental property to secure the $75,000 equalization payment he owed her as part of the property settlement.
Related Terms
A court-ordered process where a portion of a person's wages or bank accounts is withheld to pay a debt such as child support or alimony.
Hold HarmlessA clause in a divorce agreement where one spouse agrees to protect the other from liability on a specific debt or obligation.
Marital HomeThe primary residence where the married couple lived together, often the most valuable and emotionally significant asset in a divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.