Legal Question in Family Law in Texas
Collecting a divorce settlement
I live in TN. I was married in TN in '99 and divorced in Tennessee in 2000. My ex-husband was originally from Dallas, TX and left while I was working one day and returned there. He now lives in Fort Worth and is remarried as am I. In my divorce (which he did not show up for court but did receive the papers certified mail and signed for them) I was awarded a default settlement for around $3,500.00. I have never been able to collect this money which is what he charged on my credit cards (ones that were issued to me in my maiden name that he had no right to use).I recently learned that he and his new wife just bought a house in Fort Worth.The home is in both their names. I even found out the mortgage company they used. My question is can I put a lien on this property? My attorney told me at the time of the divorce that this judgement was good for 10 years and that it would follow him where ever he would go. I was just wondering if I could do this and if not do I have any other options?
2 Answers from Attorneys
Re: Collecting a divorce settlement
Assuming that the divorce decree is properly worded giving you a "judgment" for a sum certain, you can file an exemplified copy of the judgment in the county where the house is located and that will be a lien on your ex-husband's property. You may also use the judgment to attach his personal property (and have that sold to satify what you are owed) or you may use the judgment to garnish his wages until you are paid.
Re: Collecting a divorce settlement
The Tennessee judgment should be domesticated in Texas and filed in the judgment records of Tarrant County. It's a shame this wasn't done before he bought the house, the mortgage lender would have required that the judgment lien be paid before he could close.
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