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TexLaw
TexLaw, Attorney
Category: Business Law
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Experience:  Internationational Commercial Attorney
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can I place a lein on ex-husbands property (bar) the loan is

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can I place a lein on ex-husbands property (bar) the loan is attached to my home (home equity line of credit). I am unable to get my credit score up or refinance my house because of this loan. Deed is solely in his name/loan is in both names. Divorce decree states he refinance this home equity loan (not going to happen he has no job and his business is closed) and I refinance my home loan.

Hi,

The only way that you can get a lien on your ex-husband's separate property (the bar) would be through execution of a contempt order from the court.

Are you certain that he owns the bar outright? You are right in that if he doesn't have any property to seize then there isn't much worth in getting a contempt order against him.
Customer: replied 3 years ago.

Yes, the building is completely paid for from the home equity loan. He has a clear deed on it in his name only.

Did he take out the home equity loan while you were still married?
Customer: replied 3 years ago.

Yes


 

Your best solution would be to either modify the divorce decree to provide that he sell the business property and pay off the home equity loan (or give the money to you), or get a contempt order which forces the same thing.
Customer: replied 3 years ago.

Ok, It seems my only option will be to file the execution of contempt order of divorce decree and inform the courts I would like for him to put the Building up for sale immediately or pay off the home equity loan. Which to my understanding this can still be drawn out as long as he is in no hurry to accept an offer on his building. This loan has a maturity date of August 2013. I feel I should put a time period on the sale of this property (6 months?)

More properly, you should ask the court to order the sale of the property within six months and if the property is not sold that a judgment will issue against him in the amount of the home equity loan and the property shall be seized and sold at auction to satisfy the judgment, and he will be personally liable for the remainder.
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