What type of attorney do I need? And do I actually need one?

Question

I am divorced. Prior to my divorce, my disabled mother received 20k from the sale of her former home. That money was used to restore/renovate the home my ex and I purchased jointly. He got the house in the divorce settlement. He is now selling the home. I was advised my mother should file a lein, because she and I never lived in the home. (we sepatated before all the restorations were complete. She, however, paid for all restorations and appliances, etc.)

Lt Col USAFR · Accepted Answer

The only way your mom could have a lien claim is if the 20k was a loan to you and your husband.  If that were the case, then the disposition of the loan would have been part of the divorce settlement.  I'd bet it was not.  You could testify that the money was a loan, but then that would put you on the hoolk for half.

lawmomof3 · Answer

Did you list the $20k as a debt during your divorce?  

Is there a written agreement between your ex and your mother that this money was a loan?

If you didn't, then your mother cannot legitimately file a lien.

Anonymous · Answer

He got the house in the settlement....your mother was not part of the settlement and is entitled to nothing.

If you wanted part of the money from any proceeds from the future sale of the house, that should have been addressed in the divorce settlement.

Unless your mother had a written agreement with him to pay her back (i.e. it was a legal loan and not a gift) she is SOL.

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What type of attorney do I need? And do I actually need one?

3 Answers