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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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After my divorce my ex husband was responsible for 2 liens

Customer Question

After my divorce my ex husband was responsible for 2 liens on my property. His name was never taken off the deed to my home. I didn't know about the liens until I went to refinance. He was required to sign off on the deed and they found the liens when they ran his social. How do I gets these liens tht are not mine removed from my property ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - If your divorce decree states that he is to pay these liens then you can file a motion for contempt against your ex husband. Taking his name off of the deed has nothing to do with his obligation to pay the liens however if he was ordered to sign a quit claim deed to take his name off of the ownership then you can include that in your motion as well. I'm not certain of the nature of these liens but if they are his responsibility then the court can find him in contempt if he fails to pay them or get them removed. You can ask for attorney fees for the cost of filing your motion. The only way to enforce the terms of your divorce decree is to file a motion for contempt.
Customer: replied 4 years ago.
The liens were attached toy property after our divorce was final. I was unaware of the attachments until I went to refinance my home. The divorce decree only stated he was to sign off on. The deed to my home
Expert:  Dave Kennett replied 4 years ago.
The problem is that CA is a community property state and if these debts were incurred during the marriage then the creditor can seek payment from both of you. As I said, you need to file a motion for contempt against your ex for violating the court order to be responsible for the debt. The lender is not going to remove the liens unless they are satisfied.