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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Hello---I would like to know how to put a lien on a piece of

Customer Question

Hello---I would like to know how to put a lien on a piece of property that I have invested @ 180k--I'm in the state of missouri--Cape girardeau--my wife has taken out as much equity she could--now she's trying to sell it out from under me---The house is not in my name--but I have all the paperwork to prove it was my monies-prior to us getting married--i owned a house in colorado-for 18 yrs--we got married in nov of 2001---she can't have a investment for only 5 yrs of our marriage--she also just bought a house in michigan for 1ook--took property of mine that I had before we were married-----she could pay me 1000.00 @ month to pay me back for 15 yrs--How can I make force her to pay me back--I put every penny I had into that house---& she took it all out & left me high & dry---what recourse options do I have?
Submitted: 4 years ago.
Category: Legal
Expert:  Jack R. replied 4 years ago.
Are you divorced or still married ?
Customer: replied 4 years ago.
<p>sorry-not used to the wbsite--we are still married--also would like a phone # XXXXX I can go into more detail</p><p> </p>
Expert:  Jack R. replied 4 years ago.

We cannot give out phone numbers. As long as you are married you will have a hard time suing your spouse. As it stands you will probably own 1/2 of everything she buys. When you get a divorce your property settlement will take into consideration your separate property.

 

Your recourse is to divorce you spouse and take what is owed to you back in the proeprty setlement.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 4 years ago.
how can I put a lien on the property I soo invested in?
Customer: replied 4 years ago.
<p>are you a real estate att'y?</p><p> </p>
Expert:  Jack R. replied 4 years ago.

In order to get a lien you must first get a judgment against you wife. This is going to be difficult. In some respects it is like suing yourself. I review real estate agreements, and help clients with property issues.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

 

 

Customer: replied 4 years ago.
my name is XXXXX XXXXX the property-The homeowners Ins is--& the utilites there has to be a way to file a lien--are you sayin no?
Expert:  Jack R. replied 4 years ago.

Whether or not you name is XXXXX XXXXX property will not affect the distribution when you get divorced. In almost all places the default is that husband and wife equally own assets obtained during marriage. Unless you are currently legally separated you are wasting your time trying to put a lien on the property.

 

In oprdetr oget a lien you must first get a judgment. In other words a judge must order your wife to pay you some money. A judge must determine your wife has a debt to you.

After that you can take the judgment and request a lien againt assets.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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