Legal Question in Construction Law in Kentucky

Mechanics Lien

I filed with kenton County Kentucky a mechanics lien.

The sub-contractor is divorcing, both his and his wife's names are on the deed to their house.

Question #1. Do I need to file a suit now or is the lien in place against the property. In other words, have I positioned my self as a creditor against their assets in their house?

Question #2. Can their marital assets be settled with this lien in place? If not, what other steps can I take to help in securing my recovery of money due me from the subcontractor?

Question #3. Can I file a lien against his truck and other vehicles?


Asked on 11/02/04, 12:12 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Mechanics Lien

If the lien has been properly prepared and filed, it will create a lien on the property despite a divorce or subsequent liens, mortgages. You must however enforce it within a year of its filing or it expires. One thing does raise a question. You refer to the debtor as a "Sub-contractor". Are you a contractor and he owes you money on a job or did you do work on his house? You should have this reviewed by an attorney in your town. Your questions indicate that you are not familiar with liens, etc. These liens must be prepared in a specific way. The statute must be followed exactly. There are very specific time limits. Just filing a docment without taking other steps does not create a lien.

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Answered on 11/03/04, 7:50 am


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