Tenants in common trying to remove a lien in the one tenants name

Asked almost 5 years ago - Mountain View, CA

I hold title with my boyfriend. His ex wife has a child support lien for $3000 from two years ago when they had a dispute over how much he could keep paying her. He is bankrupt and the equity in the home is mine and was mine before we entered into a relationship 9 years ago. We need to sell the home and he has borrowed money to try to pay her to remove the lien but she isn't doing anything. I can't sell the home and will lose everything once the mortgage adjusts from it's neg arm to a regular payment. Is there anything we can do to give me title so I can sell them home with no cloud on it?

Thanks

Additional information

Why don't you tell me what you really think Latigo? Don't hold back your judgements next time let it all out. You are the master, oh wise one. Bet you never made a mistake in your life either.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . The lien does not prevent the house from being sold. She just gets her $3000 paid. Transferring title to your name alone does not impact the lien. It will confirm the remaining equity is yours.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Erica Crohn Minchella

    Contributor Level 14

    Answered . If the ex-wife is not responding, so that you cannot get the released, you may want to consider calling the attorney who filed the lien (his or her name is hopefully on the lien document as having been prepared by them), and ask that they give you the correct amount to get the lien release, tell them you are selling the property and will provide them with a payoff. Ask them for a payoff good through the date of sale. If you cannot find an attorney who was involved in placing the lien, your boyfriend may need to go back into the Court that authorized the child support lien to help get the lien released. The Court may well be able to Order the release of the lien in exchange for payment.

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