Antelope, CA asked in Divorce and Real Estate Law for California

Q: owner JUST filed a mech. Lien on home shared with wife for work he claimed he did in 2016. Can he do that? Divorce

Judge said noting to be paid out of proceeds of home until marital assets have been settled. This is how he is trying to get his share of money

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2 Lawyer Answers
Bahram Madaen
Bahram Madaen
Answered
  • Sunland, CA
  • Licensed in California

A: People do a lot of things during the divorce process, but I believe his charges doesn't stand. The Mechanic Lien law has many requirements. It is easier to fight the mechanic lien in a civil case than family court since the judges might not be familiar with the mechanic lien, and also cost effective. You should consult with a real estate attorney.

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I believe a contractor must first serve Notice of intent to file a Mechanic's lien on the property, and that it must be done by a specific time. If that is properly done, I believe they can then file the lien, which is recorded against your property. Not sure of the details; it's been a long time. You can always contact the contractor and try to work out a compromise.

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