How do I file a lien on a spouse for a loan after divorce? 18 Answers as of June 26, 2013I have a student loan that I cosigned for my husband and then he abandoned me and defaulted on the loan. A year later he contacted me for a divorce. I would like to know what can I do to file a lien on him so that I cover myself from being a victim in the future. Please if there is anything you can tell me in this matter; it would help me out so much.
Horizons Law Group, LLC | Michelle B. Fitzgerald
If you are not divorced yet, ask for specific orders in the divorce. If you are already divorced, you will need to pursue the enforcement of this debt - assuming you included it as his responsibility in the judgment. You can't simply file a lien, but as part of the enforcement, you can ask for one.
Answer Applies to: Wisconsin
Beaulier Law Office | Maury Beaulier
You cannot file a lien. In a divorce, you can seek an order requiring your spouse to indemnify you from any payment on the loan, but such an Order would have to include language that provides a remedy in the case of a breach.
Answer Applies to: Minnesota
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
1. Get a lawyer to protect your rights in the divorce.2. negotiate who pays the loan in the divorce.3. Get a lawyer to protect your rights in the divorce. The divorce protects you from his acts in the future. Since you cosigned the loan if he does not indemnify you in the divorce or if does and then he breaches the divorce agreement, you could be on the hook for the entire loan. See recommendation 1 and 3.
Answer Applies to: Alabama
Michael D. Fluke, P.A. | Michael D. Fluke
If your divorce is finalized, you have to go back to the terms of the Final Judgment and/or settlement agreement. Who was supposed to be responsible for the student loan? If your ex-husband was, you need to go back to the court on a Motion for Contempt/Enforcement and get a judgment against him allowing you to file a lien. If the divorce has not been finalized, this needs to be dealt with within the divorce proceedings. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Law Office of Michael W. Bugni | Jay W. Neff
First, I would need to know whether the divorce decree has been entered. If it has not been so entered, then, the loan should be recorded in that and responsibility for it assigned. If it is assigned to him to pay it, and doesn't, then, he can be forced to pay later. If the decree has already been entered, then, you have a much bigger problem and will probably need to hire an attorney to straighten things out, depending on exactly what the decree says.
Answer Applies to: Washington
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
If the amount is under $5,000 you can due him in small claims court, if it's over you'll need to sue him either the District Court where you live or in Circuit depending on the amount. Once you get a judgment then you can file a lien on whatever he owns such as a bank account, house, car, etc. if the divorce is not finalized you can put the amount of the student loan in the settlement agreement for him to pay, if he doesn't then he can be held in criminal contempt.
Answer Applies to: Arkansas
John E. Kirchner, Attorney at Law | John Kirchner
Simply stated, you won't have anything to support any kind of lien until the divorce court enters a final order indicating who is required to do what. You need to understand that the divorce court cannot change the fact that you co-signed the loan and, therefore, only the lender has the authority to take you off the hook. The divorce settlement should probably require your spouse to pay the loan and further provide that, if he fails to do so and you become required to pay it, he will be required to reimburse you. If he then fails to do that, you can obtain a judgment for what he owes you and that judgment could become the basis for a lien against any real estate that he may own. If the divorce is already final and nothing was said about the student loan, you may be able to re-open the case for clarification. But, you need to consult an attorney to determine from the actual facts what your options might be.
Answer Applies to: Colorado
Diefer Law Group, P.C. | Abel Fernandez
If you are divorcing, you can make sure that the debt is awarded to him in your divorce decree. If the divorce is final and the debt was awarded to him, you need to go aback to the family law court and get a writ of execution so you can file a lien against him.
Answer Applies to: California