Can I file a lien or otherwise have priority on proceeds from a house I financed for a divorcing couple?

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Can I file a lien or otherwise have priority on proceeds from a house I financed for a divorcing couple?

My niece and her husband bought a house from us with an oral agreement. They are divorced and she gave him the house. He now plans to sell it and pay others he owes, but not us. Can I file a lien or otherwise protect my rights to proceeds before the other debts are paid? Since he has defaulted on payments and made his intentions known, can I seize the house?

Asked on January 15, 2012 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you loaned money to your niece and her husband concerning your former home and have not been paid any amount due you where you are concerned that the home may be sold and you will not receive any money owed you, I suggest that you consult with a competent real estate attorney about the possibility of recording an equitable lien on this property before it is sold.

Most likely you will be required to file a lawsuit to support the lien that may be able to be recorded on the property you formerly owned under the laws of your state.

You cannot seize the home without legal process which requires the filing of a lawsuit against your niece's former husband and a court order allowing you to do certain things.


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