Legal Question in Real Estate Law in Virginia

Property lien

During a divorce, a settlement agreement was signed by both parties, husband and wife. Part of the settlement agreement was that the wife would sell the house, pay 1st and 2nd mortgage. The husband agreed to repay the wife the moneis for the 2nd mortgage. The settlement agreement did not specify a period for repayment. The wife has been trying to get the moneies for 5 years with no avail. Can she file a lien on his property to pay the settlement agreement for the 2nd mortgage?


Asked on 2/05/06, 12:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Property lien

The wife must first obtain a valid judgment aginst her former husband for the amounts due from him under the property settlement agreement and which have not been paid before she can record a lien against his property.

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Answered on 2/06/06, 9:48 am


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