Legal Question in Family Law in Oregon
I don't know all the details, but when my parents divorced 20 years ago my mom ended up with a $10,000 lean against him. Whenever my dad and his new wife built a new house or anything Mom had to sign off on it. Dad died last year, the new wife got $100,000, and Mom still hasn't gotten a cent. Is there anything we can do about this? I know they say grief makes people do crazy things, but it's really me going about this. Mom would rather forget the whole thing even though she needs it, but I think it's just wrong. Help?
1 Answer from Attorneys
If what your mother had was a $10,000 money judgment against your father, as part of the property division provisions of a divorce decree, it would have been a lien on any real property owned by your father subsequent to the divorce. There was never any legal requirement for your mother to "sign off" on the lien so as to enable your father to buy future property. In any event, a money judgment of this nature is enforceable for 10 years from the time of the divorce judgment, and may be renewed for a second 10 year term (if the renewal occurs prior to the expiration of the first 10 years). So if timely renewed, the judgment would be enforceable for a total of 20 years. To the extent of any remaining unpaid balance, the judgment (and any lien arising thereform) expire after 20 years. From the facts you are presenting, it would appear that the judgment has expired and is unfortunately no longer enforceable.
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