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    krn5155's Avatar
    krn5155 Posts: 1, Reputation: 1
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    #1

    Sep 22, 2008, 05:29 PM
    Charging lien vs child support lien
    In 1997 when I divorced I was given the marital house to live in until our child turned 18. My ex's attorneys put a charging lien for fees on my (ex's interest) of the marital home. When our child turns 18 I was to sell the house and my ex had to pay me all that he owes me and we were to split any equity.

    Because my ex owes me so much money for child support and attorneys fees the Judge gave me the house having my ex quit claim deed over his interest. The attorneys that have the charging lien say they are still entitled to the lien amount even though my ex no longer has any equity interest. I want to re fiancÚ the house but I do not want to be financially obligated to to an attorney fee that is not my responsibility.

    We are to go to Court soon to determine if the attorney charging lien is still valid when my ex no longer has any equity in the marital home. Shouldn't the child support that I am owed supersede any charging liens?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Sep 22, 2008, 05:35 PM

    What state is this taking place in ? Also has the lawyer been paid by you ? That will make a difference.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Sep 23, 2008, 06:27 AM
    Quote Originally Posted by krn5155 View Post
    In 1997 when I divorced I was given the marital house to live in until our child turned 18. My ex's attorneys put a charging lien for fees on my (ex's interest) of the marital home. When our child turns 18 I was to sell the house and my ex had to pay me all that he owes me and we were to split any equity.

    Because my ex owes me so much money for child support and attorneys fees the Judge gave me the house having my ex quit claim deed over his interest. The attorneys that have the charging lien say they are still entitled to the lien amount even though my ex no longer has any equity interest. I want to re fiance the house but I do not want to be financially obligated to to an attorney fee that is not my responsibility.

    We are to go to Court soon to determine if the attorney charging lien is still valid when my ex no longer has any equity in the marital home. Shouldn't the child support that I am owed supersede any charging liens?


    The way I see this is that there was a lien against the property, the lien gets paid first, you took interest in the house with the lien still attached.

    I'm surprised the Judge/your Attorney didn't take that into consideration -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 23, 2008, 06:31 AM

    A quitclaim deed does not clear any liens the buyer will be liable for any liens on the home at transfer. This is a issue that the court will decide, I would strongly advise having an attorney with you in court on this, since you are going up against their attorneys

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