Birmingham, AL asked in Divorce for Florida

Q: Do I need a title property lein?

In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried put his new wife on the deed. Now they are divorcing. She is going after the property. Our divorce named splitting the sale of the home between him and I, before she was in the picture and certainly before her name was added to the deed. What do I need to do? Am I not still entitled to half of the property value? Should their be a lein on the title? If not, can I put a lein on it? What can I do? Do I use divorce attorney or otherwise?

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2 Lawyer Answers
Tami Lane Augen
Tami Lane Augen
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public records.

1 user found this answer helpful

Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: Your Final Judgment should act as an official record which puts the public on notice that you have an interest in the property. I agree that you should speak to an attorney and discuss your options with regard to additional public record filings and possibly making a third party claim in the divorce case with your ex-Husband and his new spouse. At a minimum, your attorney should put both your ex-Husband's and his new spouse's attorney on notice that half of the home was awarded to you.

1 user found this answer helpful

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