Legal Question in Civil Litigation in California

My Father was arrested and is in jail awaiting trial. His ex-wife claims she put a lien on all his personal property and will not let us remove it from the residence they shared. Can she do this? Can she put a lien on his property before going to court to prove he owes her money? Shouldn't she have some legal documents to prove the lien & if she can't show them, can we take his stuff?


Asked on 3/20/10, 8:57 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

First of all, I do not think one can put a lien on personal versus real property. Secondly you are correct that to enforce a lien you need a court order. Thirdly a lien is merely a notice to potential buyers that they may not be entitled to all or part of the property they are taking or that they may have to pay someoen else for the item. Even if she had a valid lien that should not prevent you, with your father's permission, from removing his own property. But you probably can not take what is their community property from when they were married unless he was awarded it in the divorce decree.

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Answered on 3/25/10, 9:14 pm
Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Get a copy of the divorce judgement from the court where they were divorced - that will tell you everthing you need to know. Then hire an attorney to protect you fathers assets and review the situation. Divorce judgement that is final is all you need to know unless somethinghappened after that - the next thing you need to do is protect him. Your county bar association will have a referral list of attorneys you can consult wiht for a very low cost - call them ASAP!

Good wishes and luck to you

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Answered on 3/26/10, 3:32 am


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