California Partition Law Blog
This article is about whether a personal lien, like a lien for child support, can attach to real estate. This is important because property can be used as collateral for debt voluntarily or involuntarily. This means the owner of the property uses the property as collateral by having a lien placed on it.
What is a personal lien?
A lien applies to future property bought by the debtor, the heirs of the estate if the debtor dies, and any property the debtor transfers into a revocable living trust. Liens implicating personal debts like child support are likely to arise as judgment liens. This means a court can impose the lien when someone does not repay a debt. They can be voluntary with the homeowner (or property owner) choosing to use their property as collateral or involuntary if the court has ordered the lien against the owner’s wishes. (CCP § 697.320)