What Is a Marital Lien in a Divorce and How Does It Affect a Home?

What Is a Marital Lien in a Divorce and How Does It Affect a Home?

I’m Tom Sommers, and I’ve been knee-deep in the real estate world long enough to know that divorce can turn a home into a maze of complications. Selling a house during a split is no picnic, and today I want to talk about something that trips up a lot of people: the marital lien. Before I dive in, let me say this loud and clear—always get legal advice from a licensed attorney. I’m not here to play lawyer; I’m just sharing what I’ve learned from helping folks navigate divorce and home sales, so you can avoid some common pitfalls.

So, what’s a marital lien? In simple terms, it’s a legal claim your spouse might have on a property, even if their name isn’t on the paperwork. Here in Minnesota, we’ve got this quirky rule: “one to buy, two to sell.” That means I could go out and buy a lake cabin tomorrow without my spouse signing off—legally, that’s fine, though I wouldn’t recommend skipping the conversation! But if we’re getting divorced, my spouse has marital rights to that cabin, and those rights can become a marital lien. It’s their stake in the property, ensuring they’re not left out in the cold during the divorce settlement. This applies to the family home too, not just vacation spots.

How does this affect your home in a divorce? Well, it depends on what you decide to do—keep it or sell it. If one of you wants to stay in the house, you’ve got to make sure the other’s name is off both the mortgage and the title. I’ve seen too many cases where the divorce papers are signed, the champagne’s popped, and then—oops—the ex’s name is still on the title because someone forgot to file the quitclaim deed at the county. A marital lien can linger like a bad guest, blocking you from selling or refinancing later. The fix? Work with a solid divorce attorney and double-check everything. I always tell clients to ask their lawyer upfront: “How do we ensure the title’s clean after this?”

Here’s a curveball I’ve noticed: sometimes that lien isn’t just about the home’s value—it can tie into other assets. Research shows that in community property states (unlike Minnesota, which follows equitable distribution), a marital lien might secure a spouse’s share of the marital estate, not just the house itself. Either way, it’s a headache if not handled right. I once helped a couple where the husband kept the house, but years later, when he tried to sell, the ex-wife’s unresolved lien popped up. They had to renegotiate—talk about reopening old wounds! That’s why I often see selling the home as the cleaner option. Split the proceeds fairly, and you both walk away with cash instead of legal baggage.

From what I’ve experienced, selling during the divorce usually feels less messy than fighting to keep a home you might not afford solo. Picture this: you’re newly single, juggling bills, and then realize the mortgage is too much—or worse, that lien rears its head when you try to move on. In Minnesota, both spouses have to agree to sell marital property, thanks to those marital rights, so it forces a conversation. I’ve found that couples who sell upfront avoid the drama of “who gets what” dragging on. Plus, with home prices fluctuating, cashing out now might beat waiting for a market dip.

Divorce, marital liens, and home sales don’t have to keep you up at night. Whether you’re in Minnesota or elsewhere (rules vary state by state!), understanding how a marital lien works can save you time, money, and stress. Need help figuring out your next move? I’m Tom Sommers with Coldwell Banker, and I’d love to guide you through selling your home or sorting out the title mess. Reach out to me at tomsommersrealestate.com or book a Zoom chat here: https://calendar.google.com/calendar/u/0/appointments/AcZssZ035YGdWIJfr-0Xcdl6z7-Nfax9ASehs2-EZg4=?gv=true. Let’s get started on your fresh start!

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