Legal Question in Real Estate Law in California

Re: Placing Property Lien until MSA for equalization is paid

It seems to me, offhand, that quitclaiming the house without insisting on getting the $20,000 through an escrow encompassing both the quitclaim and the refi was a mistake.

Marital settlements are sometimes drafted and executed as contracts, thus contract remedies apply; and in other cases as stipulations for judgment which are then entered and enforced as judgments.

You will need to consult a family law attorney to determine whether your MSA is enforceable as a contract or as a judgment, then proceed accordingly. Your right to a lien, the type of lien, whether a suit for enforcement should be brought, and if so whether you could file a lis pendens on the house, are all technical questions that will require a thorough and competent attorney review of your situation. It need not be expensive, however. Someone with the requisite experience should be able to advise you upon an hour or two review of yous case history. You might be able to proceed on your own from there, or perhaps a letter from the attorney would convice your ex-husband to settle up to avoid costs of legal action.