Legal Question in Real Estate Law in California

Help With a Lien

Ok, here's my question. I lived with my boyfriend in California for 11 years, we had a child together and we used both his and my credit income to buy a house together. After a year of making payments on the house, he re-financed and I let him take my name off the house. (VERY stupid of me!) In January, we broke up and he kicked my son and I out of the house. He did, however, promise to give me $50,000. when he sells the house, and he is willing to sign a document that states that. So my question is what legal form or document should I have him sign, or how should I word a statement for him to sign that I can then take to court and place a lien against the house? Obviously, I don't trust his ''promise'', so being able to put a lien on the house is very important to me. Any help anyone can provide would be greatly appreciated. Thanks!


Asked on 2/13/07, 3:37 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Help With a Lien

A standard promissory note (you can get the forms at any stationery store and fill in the blanks) and a deed of trust (again this is a form and must be signed by your boyfriend before a notary) are what you need. Then you put the signed promissory note away for safekeeping and record the deed of trust with the county recorder in whatever county the property is located. Then, if he ever sells or refinances, in order to do so legally, he will be required to satisfy your note and you will then reconvey (or give back) the deed of trust. By the way, taking your name off the house is is no more "stupid" than living, UNMARRIED, to a guy for 11 years and then having a child with him. A guy who won't marry you is a poor candidate for being a good father. I hope you are getting child support.

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Answered on 2/13/07, 4:47 pm


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