Legal Question in Family Law in Florida

Lein on ex husbands house for monye he owes

I was grated a certain amount of money in my divorce and was suppoesed to get paid over a period of time.But haven't.He is now selling his home and I would like to put a lein on his home to collect my money.How do I do that.

Thank you

--name removed--Ramirez


Asked on 9/19/05, 3:09 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Lein on ex husbands house for monye he owes

Retain an attorney familiar with this. Unless done right you will be in trouble. Good luck.

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Answered on 9/19/05, 3:24 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Lein on ex husbands house for monye he owes

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no way that you can file a "lien" against your former husband's property. If you file a certified copy of the Final Judgment, it may serve as an impediment to your ex being able to sell his property depending upon the language contained therein. Florida's homestead laws generally exempt all property which is a person's homestead from the effect of any judgment unless otherwise set forth therein.

A safer method would be to retain an attorney who could file the necessary petition with the Court to obtain a lien against the property which could then be recorded in the Public Records of the county where the property is located.

Scott R. Jay, Esq., 305-249-8000

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Answered on 9/19/05, 8:15 pm


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