Legal Question in Construction Law in New York
building lien
i am divorcing wife2 of 2yrs. as a carpenter i did major renevations material paid for w/equity loan
my labor,we split household expence, she is selling house i want to be paid for labor can i lien house
2 Answers from Attorneys
Re: building lien
Do you have an attorney?
If you do not, depending upon when the property was purchased you may have a claim on the house. If the property was purchased after you were married then you are entitled to half of the proceeds of the house regardless whose name the house is in. If the property was purchased prior to the marriage then you may be entitled to appreciated value of the property based upon your additional wealth that you created to the property.
Please contact my office if you would like assistance with this matter 6312329479
Re: building lien
You can't file a mechanic's lien unless the work was done within the past four months. However, the house is part of the marital estate, subject to equitable distribution, so your lawyer could file a lis pendens. A lis pendens is an even stronger clamp than a mechanic's lien: a lien can be bonded off, but a lis pendens....is a whale of a lot more complicated.
Tell your matrimonial lawyer to look at last week's New York Law Journals...there was an article in there about using the lis pendens in a matrimonial case.