Lien on ex's house

I am in Wisconsin. In 1997 my husband and I divorced. He owned the house before we met and he never put my name on it or the mortage. We divorced using prose, him keeping the house and all responsibilites. In the divorce decree it says in the event of the sale of the house after the divorce, the wife is entitled to 1/4 of the sale of the property.
Do I need to get a lien on the house? If so, how do I go about doing that? Is the divorce decree enough to sue him for my 1/4 of the sale of the property?
What should my next steps be?
He has no idea this information is in the divorce decree. Never even read the whole thing before signing it. The house is up for sale now.

[LdiJ]

Originally Posted by Justuneek1

I am in Wisconsin. In 1997 my husband and I divorced. He owned the house before we met and he never put my name on it or the mortage. We divorced using prose, him keeping the house and all responsibilites. In the divorce decree it says in the event of the sale of the house after the divorce, the wife is entitled to 1/4 of the sale of the property.
Do I need to get a lien on the house? If so, how do I go about doing that? Is the divorce decree enough to sue him for my 1/4 of the sale of the property?
What should my next steps be?
He has no idea this information is in the divorce decree. Never even read the whole thing before signing it. The house is up for sale now.

It would probably be wise to consult a local attorney. Since the house is up for sale now you may need to do something quickly.

[bulldogg70]

Originally Posted by Justuneek1

I am in Wisconsin. In 1997 my husband and I divorced. He owned the house before we met and he never put my name on it or the mortage. We divorced using prose, him keeping the house and all responsibilites. In the divorce decree it says in the event of the sale of the house after the divorce, the wife is entitled to 1/4 of the sale of the property.
Do I need to get a lien on the house? If so, how do I go about doing that? Is the divorce decree enough to sue him for my 1/4 of the sale of the property?
What should my next steps be?
He has no idea this information is in the divorce decree. Never even read the whole thing before signing it. The house is up for sale now.

With the limited amount of information provided, I am assuming you get 1/4 of the sale of the house after it is sold and the balance is paid off... correct. Also is there a stipulation or wording in the decree inwhich the 1/4 is only assuming after what it was appraised at when you got divorced or was that never mentioned. In alot of states a lien would stop the sale of the house because when you sell a house, usually you are confirming it is lien free and this would or could stop it or stall it.

However you could show the judgement, you could have recorded it and give notice of a lis pendens and this would help ensure your part or share of the proceeds goes to you. I am not sure how they do property there but if you have a recoders office that is a place to do it. I am sure for property and such things there is some government function which is the same as a recorders office if not a recorders office

Originally Posted by bulldogg70

With the limited amount of information provided, I am assuming you get 1/4 of the sale of the house after it is sold and the balance is paid off... correct. Also is there a stipulation or wording in the decree inwhich the 1/4 is only assuming after what it was appraised at when you got divorced or was that never mentioned. In alot of states a lien would stop the sale of the house because when you sell a house, usually you are confirming it is lien free and this would or could stop it or stall it.

However you could show the judgement, you could have recorded it and give notice of a lis pendens and this would help ensure your part or share of the proceeds goes to you. I am not sure how they do property there but if you have a recoders office that is a place to do it. I am sure for property and such things there is some government function which is the same as a recorders office if not a recorders office

There is no stipulation in the decree that states the 1/4 is from the date the divorce was final. It simply states the wife is entitled to 1/4 of the proceeds from the sale of the property. PERIOD. No time line, no dates.

What happens when he tries to sell the house? Does the bank tell him he can't because there is a lien on it? Does he have to pay me the 1/4 of what the house is worth or what the asking price is? How does it work? When or how would I get my 1/4?
Thank you!

[BethM]

You will get 1/4 of any money left after the sale of the house. In other words, 1/4 of any equity after closing costs, attorney fees and any other expenses pertaining to the sale of the house. You won't get 1/4 of the value of the house....wouldn't that be nice!!

You need to go to the court clerk from the county the house is located in and ask her/him what you have to do to get a lien on the house. Normally you can't put a lien on something unless someone has failed to pay you what is owed to you. With a divorce decree it might be different though. The court clerk will be able to tell you what your rights are.

I'm betting you have to wait until the house sells and hope he pays you. In the mean time why don't you take an active role in the process. Contact the agent the house is listed with. Ask what title company, bank or mortgage company he will be using. The more people you let know you have an interest in the house the more likely you are to get what the decree says is yours.

You might want to drop your ex an email or better yet, send him a registered letter remindng him that you are intitled to monies from the sale. Put a bug in his ear and anyone else involved in the process. Ask to be notified when a sale happens, ask to be notified of the closing date so you can be present to pick your check up. Be seen and heard and you will probably get your money. Title companies, banks and mortgage companies like to follow legal judgments and your divorce decree is a legal judgment...just make sure everyone knows you are apart of the process. Good luck!