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?
1 ANSWER
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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