Real Estate Law
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I'm Lucy, and I'd be happy to answer your questions today.
I'm a little thrown by your reference to "common marriage state." New Jersey abolished common law marriage decades ago - common law marriages entered into prior to 1939 are not legal within the state. When you mention your husband, did you obtain a marriage license and have a ceremony? Or did you enter a common law marriage while living in a state OTHER than New Jersey? I'm asking because, if you never got a marriage license and always lived in New Jersey, you wouldn't be considered married in the eyes of the law and there would be no reason for anyone to do a title search on someone not listed on the deed.
Ok, thank you.
If the lien against your husband hasn't been recorded on the property, it can't be used to stop the sale. And in order for them to put a lien on the house, they'd need a debt in your name, which they don't have. They don't have any basis for holding the $60k based on the facts you've provided.
They're free to run the name, but if there isn't a lien actually recorded on the house, it can't block the sale. A lien has to be recorded to have any effect.
No. Recorded means someone physically took the document to the county clerk's office and filed it in the records attached to the house. When you do a title search, that's what's going to come up. Even if they run your husband's name, they shouldn't see the lien if it hasn't been recorded on your house - all they should see is any property he owns. And a tax lien for your husband only can't be recorded against a house in your name only.
We're unfortunately not able to represent customers. But any local attorney can help if they try to block the sale or make you pay that lien.
Did you have any other questions about this?