Legal Question in Family Law in New York

Re: Is it possible to put a lein on a home to block sale?

It IS possible and frequent that, a non titled spouse with an interest in marital property, is granted a "Restraining Order" or other injuction, preventing a titled spouse from transferring, removing or changing the title of property and assets, that are "presumptively" marital, without a Court Order or Court oversite.

Therefore, if the property you wish to sell in anticipation of divorce, is your "marital home" and is real property, if you dispose of same, while "flaunting" your titled status, versus your "spouse's" non titled status, you may incurr more problems and penalities, than you presently imagine.

Do what you must do. But do it properly.

Get a lawyers ASAP.

Good luck,

Phroska L. McAlister,ESQ

Re: Is it possible to put a lein on a home to block sale?

In a divorce action, title to property is not determinative. With some exceptions, all property that is acquired during the marriage is marital and subject to equitable distribution.

Please feel free to contact me to discuss your rights.

Daniel Clement

It is possible to put a lein on a home to block sale with conditions

In a matrimonial it is not possible to put a lien on a house to stop the sale without the approval of the matrimonial judge and requires him to state a reason related to wither wsate of an asset or if you are a flight risk (real hard to prove.) If he just sticks a lien on the house it means nothing and can be removed by simple motion. The attorney who agrees to file the lien for him may be liable for costs and damages.