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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex husband owes me money in a divorce. He makes monthly

Customer Question

My ex husband owes me money in a divorce. He makes monthly payments for 10 years. In the divorce a commercial piece of property is the security if he does not pay. can I file a lien on that property so he can not sell it or borrow against it
JA: OK. The Family Lawyer will need to help you with this. Anything else I can tell the Family Lawyer before I connect you two?
Customer: no
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Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. What state is this in, please? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 8 months ago.
California
Expert:  Ely replied 8 months ago.
Thank you. Yes, someone in your situation can file a UCC-1 Statement. This is not a lien per se, but if functions like a lien. See here: www.sos.ca.gov/business-programs/ucc/financing-statement/ A UCC-1 financing statement is a legal form that a creditor files to give notice that it has or may have an interest in the personal property of a debtor (a person who owes a debt to the creditor as typically specified in the instrument creating the debt). In this case, the instrument is the decree. A UCC search is standard for any lender, etc, so he would likely not be able to sell it until/unless the UCC-1 statement is voided by you once the debt i repaid. Note that improper/false interest claim against a person's ownership in a title may be cause for civil liability. As such, someone in your situation wants to have an attorney do anything like this for you, so as not to make any mistakes both in procedure and process. Please use caution. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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