QUESTION
Can I file a lien against my husband during divorce?
Asked on Nov 09th, 2011 on Divorce - California
More details to this question:
I have a student loan that I cosigned for my husband and then he abandoned me and defaulted on the loan. A year later he contacted me for a divorce. I would like to know what I can do to file a lien on him so that I can cover myself from being a victim in the future. Please if there is anything you can tell me in this matter; it would help me out so much.
11 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your divorce will sort this out.
Answered on Jun 26th, 2013 at 1:50 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You can't file a lien, but you can obtain a judgment against him in the divorce case. The judgment then becomes a lien on any real property he owns or later acquires for so long as the judgment remains unpaid. You should contact an attorney who handles divorces.
Answered on Nov 15th, 2011 at 11:58 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, in order to "file a lien" there must be a court judgment establishing a debt and then there must be some property against which a lien can be attached. That may be possible in your divorce case, but you need to consult an attorney for a better understanding of your options.
Answered on Nov 15th, 2011 at 11:38 AM
Steven D. Dunnings
You can negotiate his sole responsibility on the loan as part of the judgment of divorce so you can go after him if the loan company comes after you, but that is about all you can do.
Answered on Nov 15th, 2011 at 10:11 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You will have to obtain your husband's agreement to cover certain debts, holding you harmless thereon, or have the court order him to do so in order for you to have recourse against him if he doesn't pay. You will also need this requirement to be a domestic support order in case he files bankruptcy. If you have already paid toward his student loan during your separation, you can seek reimbursement from him for those payments.
Answered on Nov 15th, 2011 at 9:09 AM
You would obtain a judgment for any debt issues and such during the divorce. So you need to participate and work to get the orders you need in the divorce.
Answered on Nov 15th, 2011 at 9:07 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I would probably just make the student loan an issue in he divorce. Then if he fails to pay, you can use a motion to show cause to compel him.
Answered on Nov 15th, 2011 at 2:08 AM
Glen Edward Ashman
There is no such thing as filing a lien in a divorce. You need legal counsel to see what options you do have.
Answered on Nov 15th, 2011 at 1:28 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes, you can get a judgment against him.
Answered on Nov 15th, 2011 at 1:09 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Under Washington state law your cannot file a "lien". However, in the divorce proceeding you can request that the court assign full responsibility to your husband to re-pay the student loan. It perhaps goes without saying, but never co-sign on another person's loan.
Answered on Nov 14th, 2011 at 10:23 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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You cannot put a lien on your husband. The procedure is to award the debt to him in the divorce case, and obtain assurances in the divorce case for your husband to reimburse you for any payments the creditor may collect from you. Unfortunately, the court cannot make an order relieving you from the debt with the creditor. The court can only make an order for reimbursement to you. This is why it is so very important to have very specific language in your order from the court. When you are dealing with fragile economic issues, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!
Answered on Nov 14th, 2011 at 9:44 PM