Can a finance company put a lien on a house only owned by the husband?

For instance I know someone who is married and the wife doesn't pay her monthly payments on a loan. However the finance company said they would put a lien on the house, even though the house isn't in the wife's name.. It's only in the husbands. Everything they own is in the husbands..





Can a finance company put a lienn on a house if it it's only owned by the husband?|||In most states, they will put a lien against her name and her property. If they divorce, it could attach to any share of a community property; in some states the lien attaches to marital property. In most it will just hang there against her sole interests and the house is not one.





Talk to the county clerk; or a lawyer.|||In community property states (mostly those in the southwest - areas with heavily Spanish influence such as California, Nevada, New Mexico, Arizona, Texas, Louisiana - and in Wisconsin), then yes they can. Otherwise, it might just be the finance company threatening an action that they haven't fully investigated yet. They might just be assuming that the house is owned by both the husband and wife jointly.|||The loan company can not place a lien on the home without going to court and suing for the money. Then and only then they may* place a lien on the home. But if it is in his name only they can not. however he is liable for the loan as well as she is. Seek legal council in your state as each state has there own governing laws. (* If it has been proven that the husband and the home had benefited from the loan)|||It depends on if it is in a community property state or not. If it is then she owns 50% of the house and the husband is also responsible for any debts she has.|||Only if the loan agreement says the home was collateral. A lender cannot attach real estate as collateral just for fun.





A mortgage would already be recorded. This finance company is trying to scare them.|||Not sure what you mean. A finance company can't just put liens on property without that property being their collateral. If legally married the damage to credit will impact her husband credit.