What is Lis Pendens?
Support Enforcement has put a lien on 5 acres that my husband & I have been buying together ever since our marriage in 1992. It has been suggested to me that I place a lien of my own on this property - as well as a Lis Pendens. What exactly is a Lis Pendens?
And how would I go about this?
1 Answer from Attorneys
Re: What is Lis Pendens?
I assume your husband has a support arrearage from a prior relationship.
Neither a lien nor a lis pendens will solve your problem, and neither are available to you.
A lien is for one to whom you owe money, and it arises from contract (mortgage, deed of trust, etc) or judgment. The purpose of the lien is to secure your obligation to them. But since you OWN the property (subject probably to the bank's lien), you have no need for a lien. You can't put a lien on your own property any more than you can owe yourself money.
A lis pendens is a recorded notice that a legal action is pending concerning the property and that someone may have an interest in the property as a result of the suit. See RCW 4.28.328 http://search.leg.wa.gov/wslrcw/RCW%20%20%204%20%20TITLE/RCW%20%20%204%20.%2028%20%20CHAPTER/RCW%20%20%204%20.%2028%20.320.htm
You may have several options. One is that there is an automatic homestead on property you live on. The second is that it would be best if your husband did not have an ownership interest in the property.
Title 6 RCW Enforcement of Judgements ftp://ftp.leg.wa.gov/pub/rcw/title_06/ ftp://ftp.leg.wa.gov/pub/rcw/title_06/06_title_digest will lead you to how you might be able to protect yourself.
Preble Law Firm
2120 State Avenue NE
Related Questions & Answers
Careless contractors damage mobile home The owners of the mobile home park where I... Asked 11/16/98, 11:13 pm in United States Washington Real Estate and Real Property
Resposibility of a tenant for a guest If a guest leaves a tenants appartment and... Asked 11/09/98, 4:56 pm in United States Washington Real Estate and Real Property
Giving up rights to deed My husband owned his property before we were married. After... Asked 10/25/98, 8:52 pm in United States Washington Real Estate and Real Property
"real estate partnership" One of the owners hasn't lived in the house for... Asked 10/13/98, 5:53 pm in United States Washington Real Estate and Real Property
Washington State laws and breaking a lease My husband was transfered with his job.... Asked 10/02/98, 2:55 pm in United States Washington Real Estate and Real Property