Legal Question in Real Estate Law in Arizona

I am divorced, I own our home per decree an by quit claim agreement from my ex-husband, however, my exhusband has an equalization payment due from me. The judge gave him a lien on the home for the equalization payment with 10% interest. Am I protected in the homestead act from him foreclosing and forcing a sale. The home has no mortgage.


Asked on 8/08/10, 11:35 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Homestead protection does not prevent someone from foreclosing or forcing a sale of the home, it only protects your equity up to $150,000. You should retain counsel to look at your divorce decree and other relevant documents so that you can be advised how best to proceed and consider whatever the current circumstances are that prompted your question today.

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Answered on 8/14/10, 9:03 am


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