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serena67 · Jul 29, 2008, 10:03 PM

Our daugther has filed for divorce. Her soon to be X, I hope, is contesting wanting equity. We gave her the land, made down payment and other expenses of setting up double wide. He signed papers all he intitled to was one half of principal paid on home. He has not lived there for 2 yrs and did not work enough to help her out with any payments on home, has not paid any child support, son is now entering college. Her attorney is now needing $1500.00. Can we file a lien on this property now? The mortgage is in her name only. He doesn't have a job, don't know how he is paying an attorney.

41500.00

JudyKayTee · Jul 30, 2008, 05:56 AM

[QUOTE=serena67]Our daugther has filed for divorce. Her soon to be X, I hope, is contesting wanting equity. We gave her the land, made down payment and other expenses of setting up double wide. He signed papers all he intitled to was one half of principal paid on home. He has not lived there for 2 yrs and did not work enough to help her out with any payments on home, has not paid any child support, son is now entering college. Her attorney is now needing $1500.00. Can we file a lien on this property now? The mortgage is in her name only. He doesn't have a job, don't know how he is paying an attorney.

You would have to get a Judgment against the owner (presumably the husband) and then, yes, lien against the property.

I don't see that he owes you any money, though, so I don't know your grounds for a suit and judgment. This is between your daughter and her husband.

(In my area a $1,500 retainer is ridiculously low - Attorneys are asking for $7,500 up front, plus ongoing fees.)

ScottGem · Jul 30, 2008, 06:11 AM

If he signed a paper saying he's entitled to 1/2 the principal paid then that's all he is enttled to. I agree with Judy that I see no justification for a lien or a suit. You gave your daughter the property and money as a gift, unless you have proof it was a loan.

George_1950 · Jul 30, 2008, 06:21 AM

Does the ex owe you anything? If not, you have no reason to sue him, and you will not be able to put a lien on the property. His claim for equity is a formality and the judge (or jury) will determine what is fair to both parties. Your daughter needs a lawyer, as you have pointed out.