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kathrynboy · Jan 27, 2012, 01:17 PM

I am not sure if this is the correct place to ask but I am at a loss. I have been legally separated from my husband for over 2 years and still in the process of getting a divorce. He is a gambler and ran up a lot of debts after we were separated and now one of those debtors has placed a lien on the house because of now he is still on the deed. In the divorce I am able to show that I put down the 20% for the house and am able to prove that the hosue will be mine once the divorce is final.
Is there a way to get the lien off the house? What can I do to protect myself and my two children from all of his bad mistakes?

smoothy · Jan 27, 2012, 01:26 PM

Nope... that lien doesn't come off until that debt has been satisfied. His name was on it so it was legally still an asset that could be attatched. If the house is ever sold they get their cut first. And divorce or not... until they get paid, they don't have to and won't remove the lien.

I assume there are no longer any joint accounts they can come after. If there are... make sure you don't use them. If you have any credit cards with his name get them canceled... use and do everything from accounts in your name alone.

JudyKayTee · Jan 27, 2012, 01:43 PM

Where? Smoothy is correct - the lien gets removed when it's paid off.

You say you've been separated - legally or just living apart? If it's a legal separation this should have been addressed in the separation. I know you say it's a legal separation but, if so, there should have been a provision for any debts not addressed - ongoing, upcoming, anything else.

Your Attorney needs to get you legally separated or divorced as quickly as possible before you are left with nothing.

Fr_Chuck · Jan 27, 2012, 01:50 PM

If you are legally separated why did the court order not deal with the ownership of the house already?

But two years you needed to have gotten the divorce over and if you were to get the house, have had him sign off the deed.

It is too late now, the lien will be on the house, you need to get the divorce over with.

AK lawyer · Jan 28, 2012, 07:22 AM

Originally Posted by kathrynboy

... and now one of those debtors has placed a lien on the house because of now he is still on the deed. ...

It would be a creditor who has placed a lien, not a debtor.

I am familiar with mechanic's liens, but not gamblers' liens. Does this creditor have a judgment, making it a judgment lien?

As the others have suggested, you need to speak to your attorney about doing something to protect your interest in the property. It might be as simple as your attorney filiing a lis pendens in your behalf.