Entireties Property

Historically, a judgment lien against one spouse did not attach to property owned by husband and wife as tenants by the entirety, while a judgment against both spouses did attach. In community property states, however, title to community property is usually subject to judgment liens against either or both of the spouses. Due to recent litigation affecting the protection previously afforded under tenants by the entirety, Agents National Title requires that when insuring a transaction involving a judgment lien against one spouse, the judgment lien must be paid in full or subordinated, or an exception must be made in both the commitment and final policy.


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