Legal Question in Family Law in Utah

attorney's lien on a home
my ex-husband's attorney filed a lien on the home that was awarded to me in our divorce decree. my ex-husband was awarded an equitable lien of $45,000.00. the decree stated that a quit claim deed would be prepared and recorded by my ex and that never happened. the question is if this lien could be cancelled due to the fact that my ex's attorney knew the home wasn't my ex's anymore and that only the equitable lien was what he had interest in. the lien specifically states it is to be ''secured by the real property owned by me (the ex)''. my ex now owes me $40,000 in arrears for support and we would like to trade his equity for the arrears but apparently this attorney's lien is complicating that. is it a matter of priority of who is paid first--the State ORS Dept (handling my case) or my ex's attorney. any help would be useful. thank you.

Asked on 1/05/08, 8:57 pm

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: attorney's lien on a home

You should see an attorney to assist with your case. You probably can trade the lien amount for the ORS claim, if done properly.

Answered on 1/06/08, 10:59 pm

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