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I got divorced in 2006 and I got the house and she was paid…

Customer Question
I got divorced in...

I got divorced in 2006 and I got the house and she was paid off...401K, cars, etc. Just tried to refinance and there is a 40,000 lien (from her lawyer) and she wont sign the disclosure thinking I owe her.....

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

None legally....the loan was done and then they found a lien and she was asked to stop by the title company and sign to remove her name

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was just wondering if the court or lawyer was supposed to follow thru with the title

Submitted: 6 months ago.Category: Family Law
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Answered in 13 minutes by:
12/27/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,785
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Was there any court order about the attorney's fee liability being your liability?

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Customer reply replied 6 months ago
no..she was to pay out of her disbursement........so I am thinking that's why she didn't sign? someone must of told her signing this disclosure will remove your name off the title but you still owe your lawyer....its been 11 years!
Customer reply replied 6 months ago
all I need to know if the court or my lawyer was supposed to take care of all legal documents to include removing her name from the title at time of divorce?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

If she will not get the lien removed from the car, you would need to file a motion for an order to show cause for contempt of court and bring her back into court and get a court order to force her to remove the lien and take care of her own attorney's bill. Your lawyer should have had that removed IF THEY KNEW ABOUT IT, but if your attorney did not know about it, then they could not have done so. At this point though, you can get it removed by filing a motion for contempt against her to get the court to force her to remove it.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
The lien is against the house I own and she lost!
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

Regardless of what the lien is against, she is liable for removing it and having her attorney dealt with, since you were not ordered to pay her attorney's fees. A motion for an order to show cause for contempt is how you do that.

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Customer reply replied 6 months ago
Ok thanks will go back to court! She got 400.00 a month from my Navy retirement and never went to DFAS to set up the payments to her! I have wrote 130 checks to pay her but now since she didn’t sign these papers I won’t write another check! That can be added for contempt of court too?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

Yes, anything she is not doing that is following the order you would add into the same contempt motion.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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