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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30161
Experience:  Attorney with experience in family law.
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I am going through a divorce and the marital property will

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I am going through a divorce and the marital property will be distributed equitably. My wife and I borrowed $36,000 from my parents about 6 years ago and we both signed a promissory note to pay them back with interest. Hardly but a few payments have been made. When we sell the house, they want to be paid back. Is there a way for them to get their money? Can they put simple lien on the house or is there another way for them to make sure they get their money?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the original agreement did not include a lien on the house, they unfortunately cannot get one without going to court and getting a judgment against you and your wife. They would have to sue both of you to do that. You do have the option of asking the judge to order that your parents be paid first from the proceeds of the sale of the home before the remainder of the money is distributed between the two of you. Just be aware that, if the agreement didn't say anything about that, he has discretion to deny the request - especially if there are other marital debts (because the judge won't prioritize them). To make the request, you would essentially just file a Motion stating what you want the judge to order, called something like Motion to Order Repayment of Marital Debts from Sale of Marital Home. If the judge agrees, then you'd be able to file contempt charges against your wife if she didn't pay.

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