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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98902
Experience:  Lawyer
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Can I put a lien on a house if I am owed money? The problem

Customer Question

Can I put a lien on a house if I am owed money? The problem is that my current girlfriend and her mother are co-owners of a house that I am currently living in and the mother wants to me to buy her out of the house to the tune of $15000 but the outstanding invoices total $27000. Can I put a lien on the house I currently live in?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Nova Scotia
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are trying to get her to sign a quit claim deed but she wants $15000. The house is currently worth nothing on paper, just the money owed to me.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Debra replied 4 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 4 months ago.

I am not quite following.

Are you asking about putting a lien on the property that you would yourself own?

Customer: replied 4 months ago.
I am living here, but I don't have a financial claim on the property. It belongs to my girlfriend and her mother.
Expert:  Debra replied 4 months ago.

Will they agree to allow you to register a lien on title?

Customer: replied 4 months ago.
My girlfriend is willing to let me do it. I am thinking that it would make her mother want to sign off faster if there was a lien on the property that she would be responsible to pay.
Expert:  Debra replied 4 months ago.

You cannot register the lien unless they agree and then you can.

Otherwise you need a judgment as there have to be grounds for the lien if there is no consent.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
The mother has moved out of the house
Expert:  Debra replied 4 months ago.

But that doesn't matter. The issue is that the owners of the house, that is that people who are on title, have to give consent before you register a lien unless you get a judgment.

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