[Sangar]

I have been sued by my X husband for 1/2 of the property in the home I lived in In Indiana. The divorce decree back in 1988 stated, when the wife in the future sells the property the husband will get 1/2 of the proceeds of the sale.
I understate that. But I do not understand that the property was sold 3 years ago and he put a lien on the property before it was sold, which I just found out. I paid a 561.00 for title insurance to search the title anf it came up with no lien and now he is suing me, the current owners and the mortgage co. Doesn't the title insurance cover that mistake?

[Fr_Chuck]

Why did you not know when your house was sold ?

You said it was sold three years ago, what happened to the money from the sale of the house ? Was he not paid his 1/2 at the time of the sale,

If he was not paid, he may well have a claim againts you and perhaps a legal lien on the house since at closing he was not paid his share.

If you knew he was suppose to get 1/2 and did not give it to him, then that would be fruad on your part. It would protect the new owners and they may get paid back any money they loose in the situation, but they would come after you for it ( title company if you did not pay him as legally required)

So I would say if you did not pay him 1/2 like you were suppose to you need to get your check book out and do it.

[Sangar]

I did know when the house was sold, but I thought the quick claim deed
Covered that issue that my "x" husband signed. This was 18 years ago that the divorce decree was signed. The divorce decree also states that he was suppose to pay child support which he did not. Not one dime. So I never in my wildest dreams would have thought he would go as far to put a lien on the house or sue me for something he really is not entitled to now.

[Fr_Chuck]

Yes, one payment does not automatically do away with the other.

But the ones in real danger at this point is the people who you sold the house to. ( you mentioned title insurance) they will have protection with that, but the court ( yes this will be going to civil court) expect, the people who bought the house to have an attorney, the title insurance company will have an attorney, perhaps the real estate agent who sold the house will have to have an attorney, you will have to have an attorney and your ex will have an attorney.

So it will be a free for all in court. And a lot can depend fainlly on the opinions of the judge you get. Since this will not be in family court, you will not get a judge who normally does divorce, so their opinon on divorce, child support and all of that will come into play.
And pray you don't get one who just lost his house to his ex wife.
But your attorney should be keeping that in mind when you draw a judge.

So you need to hire a good attorney who does property issues. Until you talk to the attorney I would not discuss this issue with the ex, the people who bought the house or anybody.