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#773447 - 05/16/17 11:44 PM Community Lien
miked717 Offline
recently joined

Registered: 05/16/17
Posts: 2
The judge ordered a community lien on My fathers classic car. She won the judgment in court that we spent 12k on the car for improvements. We are both entitled to 50% of the lein. I am not going to enforce the lien on my own fathers car. But if she does can she force the sale of that car to pay the lien? Will the lein not be valid if I don't sign onto it? Does she have to wait for the sale of that vehicle? How could this judge place an lien on this car that isn't owned by both of us. Will she have to take my father to court? This is a real grey area. We live in Arizona.


Edited by miked717 (05/17/17 12:00 AM)

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#773449 - 05/17/17 05:28 AM Re: Community Lien [Re: miked717]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
Can you give your wife something else of equivalent value in the property settlement (cash, home equity) and take the entire lien yourself? Then you can choose not to exercise it.

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#773598 - 05/22/17 07:25 PM Re: Community Lien [Re: miked717]
Marg396 Offline
recently joined

Registered: 05/22/17
Posts: 1
I guess that I'm confused at what you are asking? Do you know the definition of the word lien? It is a right to keep possession of property belonging to another person until a debt owed by that person is discharged. This is not a real grey area. It sounds like the judge awarded you both the money for the improvements done on the car. If it's court ordered there is no way you are going to get out of giving your wife her portion. Regardless if you are going to enforce the lien your wife is entitled to her 50%. Ultimately, if you refuse to cooperate, she could get a court order to have the car sold. Why wouldn't you just pay her the 50% (cash, home equity) of the 12K and move on.

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