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ladyinbrla · Jul 6, 2008, 03:13 PM

I'd like to know if I can put a leen on someone's property. My ex husband refuses to abide by any of the judgements and he is now selling our house in Louisiana. He owes me money and I'd like to put a leen on the property to make him sign an agreement stating that he is going to pay me when the property is sold. We can't seem to get him to do anything so this may get his attention. He also has a warrant because of all this.
Thanks

Wondergirl · Jul 6, 2008, 03:17 PM

Who does the property belong to? Do you personally have any right to put a lien on it? If so, you'll have to consult with an attorney.

ladyinbrla · Jul 6, 2008, 03:26 PM

In the state of La. We have a community property law. The property was bought through an LLC which my husband and his brother formed while we were married. I also signed the papers. We have 67% and his brother has 33%. We lived in the house for 2 yrs.
I've talked to my attorney about this and he says we can't do it. But my 'x' is in real estate and I've helped him on many occasions. We were trying to buy some property before and something went wrong so we filed a leen. My attorney specializes in divorce and property settlements. I'm at my wits end.

JudyKayTee · Jul 6, 2008, 03:54 PM

Originally Posted by ladyinbrla

In the state of La. we have a community property law. The property was bought through an LLC which my husband and his brother formed while we were married. I also signed the papers. We have 67% and his brother has 33%. We lived in the house for 2 yrs.
I've talked to my attorney about this and he says we can't do it. But my 'x' is in real estate and I've helped him on many occassions. We were trying to buy some property before and something went wrong so we filed a leen. My attorney specializes in divorce and property settlements. I'm at my wits end.

I would go with what the Attorney said - he knows the circumstances, the laws and, as you said, specializes.

LisaB4657 · Jul 6, 2008, 04:21 PM

If the property is owned by an LLC then you would have to have a judgment against the LLC in order to file any kind of lien. If your claim is against your ex individually then you can't file a lien against the property. However, you may be able to attach his share of the proceeds from the sale of the property. Speak to your attorney about attaching his share of the proceeds from the sale.

Fr_Chuck · Jul 6, 2008, 06:28 PM

No, if this is a LLC you can not put a lien on it for a personal judgement or debt. That is why you form LLC's.

Now if you are part owner of the property and listed on the LLC, do you have to sign for the proprty to sell ?

ladyinbrla · Jul 6, 2008, 07:35 PM

Thank you LisaB.
I just emailed my attorney. He'll see it first thing in the am.
Thank you all for your input.