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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118292
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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C. Fortunato, my ex-husband had liens placed on our house

Customer Question

Hi C. Fortunato, my ex-husband had liens placed on our house after he had moved out. We were just separated at the time the liens were placed but our separation papers clearly state the house us awarded to me and any debts fr that point on are each person's responsibility. The separation papers were entered as part of the divorce decree. I didn't know about the liens until I had tried to refinance and move everything under my name. I was told by the title company and mortgage lender there was nothing I can do but pay off the liens. The liens haven't been touched in over a year now and I have since learned the ex is looking to file bankruptcy, what does that do to the liens? My ownership of the home? Basically, how would his bankruptcy effect me? Thanks for any help!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can file a motion to vacate the liens if they were improperly placed and you are entitled to seek damages against your ex for placing the improper liens including your attorney's fees. If he was ordered to pay the debts, the liens he placed on the home for those debts would be improper liens. You would seek to remove the debts by filing a motion for an order to show cause for contempt in the divorce court that issued the order making him liable for the debts and ask the court to remove the liens and make him pay for your attorney's fees and costs for you having to take him to court.
As far as any debts with your name on them, if he files bankruptcy, those creditors can pursue you for payment based on his bankruptcy and the court cannot interfere with those contracts, even though they ordered him to pay the debts. So if your name is ***** ***** of those debts, the creditors can come after you for payment if he gets bankruptcy approved.
However, that does not mean you still cannot get liens he placed on the home removed, since he is not entitled to collect from you or sale of the home if the court awarded you the home and ordered him to pay the debts.
If your name is ***** ***** of the debts though, if he files bankruptcy, the creditors can place their own liens on the home if they sue you and get a judgment for payment against you.