Legal Question in Real Estate Law in Florida
Lis Pendens
My ex-husband owes me approximately $35,000 in child support arrearages.In June of 2002 he was willed one fourth owner of his deceased grandmothers home/property. I had an attorney file a Lis Pendens on the property at that time. The Lis Pendens does not have an amount of money listed in the document. He has contacted me because the family is trying to take out a line of credit using the house as collateral and they want to pay me out so that I will release the lien. My question is: How much of the money am I entitled to? It is my understanding that my ex is one fourth owner of the home, and if his 1/4 is equal to or less than my child support am I entitled to all of it? Mainly, I guess the advice I am seeking most os what type of attorney would represent this matter..Family Law or Real Estate?
3 Answers from Attorneys
Re: Lis Pendens
Either attorney could handle this matter, preferably a family law attorney that knows how to collect on child support orders. You should consult with your existing counsel and have him/her negotiate a settlement for you, he/she can advise you as to the best course of action for you to take.
Re: Lis Pendens
If the will only gave him 1/4, your lien attaches to that share. If he is listed jointly with the others as an owner with right of survivorship, at this stage they each own it all.
Re: Lis Pendens
You are capped at the 1/4 interest provided that is all he owns. Under that logic, they would have to take out a 140k line to pay you off which probably does not seem realistic. You should consult counsel regarding other options to enforce your right. Feel free to email me or call at 941-954-4691.
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