Can my ex-husband put a lien on my home if I don't pay him part of the equity awarded him in our divorce decree?

In Utah, the answer is, yes. If your husband has a judgment against you, and you are not paying it, then we can attach a lien to your property to secure the payment of that judgment. If I understand your question correctly, your decree provides that when the last of your children reaches the age of 18 you are to pay your ex-husband his share of the equity that accrued in your marital home. You are saying now that have discovered the appraisal was too high, making it difficult, if not impossible for you to pay your ex-husband's share of the equity based upon that inflated appraisal. If the appraisal was grossly inflated and you can show that it was fraudulently procured and/or prepared, you might (I stress might) persuade a court to adjust the award to reflect the real equity value in the house IF you can prove that the appraisal is in fact grossly inflated and that it took place under your nose and without your knowledge or your reasonable ability to police the way the appraisal was conducted. The problem, however, is that you were concerned about a reliable appraisal of the property, you could have and should have had it appraised independently or by an appraiser that you and your ex-husband jointly chosen trusted. So although there could be options open to you, the question is whether it would just be a matter of throwing good money after bad to pursue them.

Read the judgment carefully.. If payment is not due yet but the divorce judgment gives him the right he can put a lien on the house.. If the payment is past due (e.g. the children are over 18 years old) he can put a lien on the house. Now I believe the following to be true (but there are several reasons it might not be): If the payment is NOT due and the judgment does not give him the right to put a lien, then the judgment has no "matured" and you do not yet owe him the funds..so no he should not be putting a lien on your house and I believe you can sue him to get the lien removed Further, placing an illegal lien on real property carries hefty penalties potentially $1K fine + attorneys fees + possible jail time.

It is not very hard to place a lien on a piece of property if it is the subject of litigation. He can file a contempt action against you and while it is pending in the Courts he can place a lien called a lis pendents on the property. The lis pendents is a lien that simply alerts potential creditors and buyers that there is litigation concerning the property and that the lien holder has priority. It will certainly gum up the works if you are trying to refinance or sell the house. Best practice is to comply with the court order.

Yes. The money was owed to him when the children turned 18. Everything else was an issue before the decree was entered not now.

Yes but first he has to obtain a contempt order and a judgment against you.

Most probably but ask your attorney. Depends on the state and your judgment.

If you owe him money per the Court?s Judgment, then he probably can file a lien against your home. Further, if continue to not pay him, he may have the right to execute (collect) on that lien by having the Sheriff sell your home and pay him from the proceeds. If his appraiser was too high on the home value, get your own appraisal. Good luck.

If the Court reserved jurisdiction to enforce the terms of the Judgment your ex-husband could request the Court to reduce the amount to a lien and record it against the property. Further, if your children have reached age 18, he could request the Court to order the property sold to pay his share of the equity.

Yes he can. And in fact there may be an automatic lien when the money becomes due until such time as a receipt and satisfaction is filed or the funds are paid through the court system.

Cannot answer without reviewing the documents. You should speak with a local attorney and ask the documents be clarified.