QUESTION

Does a divorce decree hold weight against a lien?

Asked on Apr 25th, 2012 on Real Estate - Idaho
More details to this question:
My divorce decree states that upon the sale of our joint house, I will recieve $10,000 in leiu of child support. Post divorce, my ex-wife accumulated $26,000 in debt. That debt is now a lien on our joint property. We are selling the house and there is not enough equity to satisfy the lien. There was not a specific "lien" in the divorce decree, nor has one been recorded. Bannock county, Idaho Do I have any means of enforcing the divorce decree?
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Reno, NV at Hawley Troxell Ennis & Hawley LLP
Update Your Profile
Your decree binds only the two of you and has no effect on third parties.  It does not hold weight against the lien(s) on the house.  The decree is like a contract between the two of you and she's breached it, so you have a claim against her for the $10,000 but you'll have to seek it from some source of income/assets she has other than the house. 
Answered on Apr 26th, 2012 at 2:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters