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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97018
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: 19 days ago.
Category: Canada Law
Expert:  Legal Ease replied 19 days ago.

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

Expert:  Legal Ease replied 19 days ago.

I am not quite following.

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

Customer: replied 19 days 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:  Legal Ease replied 19 days ago.

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

Customer: replied 19 days 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:  Legal Ease replied 19 days 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 19 days ago.
The mother has moved out of the house
Expert:  Legal Ease replied 19 days 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.