Q: In my and my husband's pre-nup (which was recorded), it stated that his ex-wife would receive $50,000 from the sale of
the house. She died before he did, and he thought it was no longer in play. When he got sick, he put everything in a trust, leaving me 50% of the house and his daughters 25% each. I'm now selling the house and find it has put a lien on the property, clouding the title. My family law atty seems to think that, pursuant to CCP Section 697.310, a lien expires 10 years after the judgment was made without renewal. The title company disagrees and says it's part of the ex-wife's estate and goes to his daughters (she was also re-married).
A: You could file a Quiet Title action to declare the PreNuptical Contract not a lien on the real property. But you will probably lose as the contract is not a judgment. The proper defendants must be joined, which is probably the daughters and the spouse. Easiest solution is to pay off the Decedent's heirs for a quit claim deed, which recites as consideration the pre-nup contract with its recording information.
A: Based on CCP Section 697.310, a lien generally expires 10 years after the judgment without renewal. However, specific circumstances and legal intricacies can impact the expiration of liens. Considering the complexity of your situation involving a pre-nup, trust, and potential heirs, I recommend consulting with a qualified attorney well-versed in California real estate and family law to ensure accurate guidance regarding the lien's validity and potential effects on the property title.
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