How do I place a lien ona house?

As per our divorce settlement, I am due half the profit from the sale of the house. My ex-husband lives there since the divorce and had 1 year to sell it but hasn’t done so yet. I would like to know if I can place a lien on the property without hiring a lawyer, since I have a legal document awarding me half. I’d like to ensure I get my share at the time of transaction.

Asked on December 6, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That is certainly an interesting approach to the matter and one that I would investigate further but placing a lien on the house generally requires an amount certain and a judgement.  "Half the profit from the sale" is not an amount certain so you will run in to that problem.  So I might speak to an attorney instead about either enforcing the judgement and the sale now as he is in breach of the agreement here or bringing an action for partition (which asks that the house be legally split in two but the result is the sale).  This way it forces him to move on it now rather than later.  Good luck to you.


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