Legal Question in Administrative Law in California

How do I file a lien on my property with my ex husband in California?


Asked on 5/02/11, 7:29 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

How can you file a lien against yourself and why would you want to?

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Answered on 5/02/11, 9:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A lien on real estate is "filed" by recording an instrument showing that a person or entity has a legally-recognized claim against the property described in the instrument. Legally-recognized claims that can be the subject of a lien on real property include mortgages, mechanic's liens, judgments, unpaid taxes and several others. Claims for debts that have not been reduced to judgment cannot be the subject of a lien.

I assume you have some kind of dispute with your ex-husband over possession and/or ownership of real property that was, or should have been, handled in a property settlement upon dissolution of your marriage. If this is the case, more or less, my advice would be to go back to the lawyer who represented you in the dissolution proceeding. Otherwise, you may want to hire a new attorney to represent you and protect your interests.

Also worth pointing out is that you may hear of a "lis pendens" or "notice of pendency of action" (same thing) in connection with real-property disputes. When a lawsuit is on file that affects title to, or possession of, real property, the plaintiff may (and sometimes must) record and file in court a notice to the public that the suit is pending. Such notice is not a lien, but serves a similar purpose in helping to protect the plaintiff's interest in the property until the suit is decided by settlement or by trial and judgment. A lis pendens can be recorded and filed by an attorney, or by a self-represented plaintiff with prior judicial approval.

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Answered on 5/03/11, 9:28 am


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