Reply
Thu 30 Sep, 2004 05:24 pm
Edit: Moderator: Moved from General to Legal
I was divorced several years ago in CA. In the final decree I was awarded 50% of the then equity. I didn't do anything then because our daughter was living at home, still. She is moving out this month and my ex is threatening to sell. Can I put a lien on the property for what I'm due, and if so, how? Thanks
I've never heard of a lien being allowed due to divorce but I suppose it's possible. You'd have to check the laws where the house is (CA). There is usually a time limit that begins at the date of judgemnet (or service) that you have to file the lien within though and I'd guess that you've past it. Most Mechanic's liens for example, require that you file the lien within 6 months.
Is your name on the title?
Motion
Hire attorney; motion court to enforce the monetary provisions of the divorce judgment (possibly through contempt proceeding and/or by placing equitable lien on property and obtaining a writ of execution). She who sleeps on her rights loses them . . . .