In Hein v. W. T. Rawleigh Co. a husband and wife acquired real property in joint tenancy with the wife furnishing all the consideration. However, prior to this acquisition there had been a judgment entered against the husband in another action. The husband conveyed his rights to his wife who later died. Held: The wife’s devisee was entitled to have title to the property quieted subject to the judgment creditor’s lien on an undivided half. This decision presents the alternative questions: (1) whether a judgment lien on one joint tenant’s rights continues undisturbed after a severance caused by release of the debtor’s rights or (2) whether after severance the lien attaches to his severed interest and ceases as to the joint tenant’s rights.
In conclusion, this case changes no existing rule of law. Liens may attach to a joint tenant’s rights and may become liens against the whole estate or be lost completely depending on who takes by the right of survivorship. If the property is severed during the lifetime of the tenants, the lien attaches to the judgment debtor’s share.”
Levi H. Goossen,
Creditors’ Rights—Effect of Judgment Lien on a Joint Tenancy Later Severed,
39 Neb. L. Rev. 433
Available at: http://digitalcommons.unl.edu/nlr/vol39/iss2/16