Houston, TX asked in Real Estate Law and Divorce for Texas

Q: Can I file for a owelty lien without a lawyer & how long with it take to go into effect? Also what do I need to file one

I was divorced a while back and was told I could not get any lien. I am seeing other wise now.

Can I file for an owelty lien on my own?

What do I need in order to file one? Such as a form and or my divorce decree?

If I do one, how long does it take to go into effect?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce lawyer didn’t place one at the time of divorce, you have 30 days from the date the decree was signed to file a motion to modify the decree.

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