Help With a Lien, Please

Ok, here's my question. I lived with my boyfriend in California for 11 years, we had a child together and we used both his and my credit and income to buy a house together. After a year of making payments on the house, he re-financed and I let him take my name off the house. (VERY stupid of me!) In January, we broke up and he kicked my son and I out of the house. He did, however, promise to give me $50,000. when he sells the house, and he is willing to sign a document that states that. So my question is what legal form or document should I have him sign, or how should I word a statement for him to sign that I can then take to court and place a lien against the house? Obviously, I don't trust his "promise", so being able to put a lien on the house is very important to me. I am disabled and live on SSI, and I am waiting for the courts to order child support from my ex, so I'm very limited financially. Any help anyone can provide would be greatly appreciated. Thanks!

Unfortunately, since saydee does not have a money judgment against her ex, the law that you quoted is not really relevant here, TheJury'sStillOut.

I do agree, however, that saydee should speak to an attorney. $50,000 is a lot of money, so it will be worth paying a few hundred (or even more) to ensure that her interests is protected.

First, the attorney can verify that she no longer has an interest in the property. I wouldn't assume she had given up all interest in the property just because her ex refinanced the property in his name alone. More information will be required to make that determination.

Second, if it's true that she no longer has an interest in the property, she'll need something that binds the ex to pay the $50,000 that she can then secure with his real property. A note may work. I think she'll have a hard time convincing her ex to sign a note and use the house as collateral, however.

I am going to have to agree with jdmba on this one.

The only way that California Code Section is applicable is if op files suit in civil court against her boyfriend for $50,000 and prevails.

Assuming this agreement is not in writing it will be very difficult for her to prove this is what he promised.

If he is willing to put agreement in writing pay an attorney to draft this document for you. This way there won't be any loop holes come pay up time.

Actually, you're one step behind.

Let's assume her ex doesn't pay her $50k after selling the house. So she sues and somehow prevails. She now has a money judgment against her ex. But what will she put a judgment lien on? The property is already sold. Unless her ex owns other property, those codes are still irrelevant.

The OP's original question: So my question is what legal form or document should I have him sign, or how should I word a statement for him to sign that I can then take to court and place a lien against the house?

Again...In order to place a lien on that house, she's going to need something like a note and her ex's permission to secure the note with the house.

Looks like jurystillout deleted his/her post.

Glad jdmba quoted it!

Unfortunately, I didn't quote the post that was deleted. What I quoted is now in his first post, which he edited after deleting the second post (no doubt an attempt to backpedal).

I did see the second post before it was deleted, however, and found it amusing.

One of life's greatest lessons: NEVER pass up an opportunity to close your mouth when you DON'T know what you're talking about--Precisely why I did not participate in the "answer giving" portion of this thread--I have absolutely no experience or education regarding this matter, but have certainly gleaned some insight by merely *listening*.

Very informative and educational exchange.

Actually, I've deleted all posts on this subject, save this one, after I went back and researched a bit further. You were right in the end, of course (both of you were) and I have no problem saying so. Especially if (as I suspect), she's no longer in title to the property. My bad. Unfortunately, regardless of how much she contributed towards the property, she doesn't have any other alternative than the secured note.

I would, however, ask this of the orignal poster, (under the premise shes no longer on title to the residence): If your "ex" refuses to sign the agreement, is he willing to have you recorded back on title now? That's a relatively easy procedure, with legal help of course. While that doesn't guarantee full payment of the entire amount he promised, at least you'll end up with something upon sale of the property.