What is the name of your state? California
Actually we are retired in Wa .. both community property states. It's a long story but I will shorten it. Hubby retired after 30 years law enforcement, I am 2nd wife. Agreement for 1st wife was by the time of law rule for a portion of his pension. When hubby retired we signed all the papers we believed needed BUT was not appraised that even tho ex-wife got a decent portion of his retirement -- he had not had the courts rescind his court ordered spousal support.
Yup, she took him to court for back spousal support and won -- yes, we were shocked as it meant she got the retirement PLUS spousal support and ended up with 70% of our income. The monies were garnished from his pension (here in Wa you cannot garnish a pension but guess you can in Calif) So monies due came to $xxxxx and we had to pay a substantial fee each month including all of her attorney fees.
Now my hubby just passed last month at a very young age of 56. According to the original spousal agreement -- it was until either party deceased. I have talked with the retirement board and the past debt is null and void once he died so the garnishment for past spousal support is no longer valid.
A realtor friend had a search done for me on the property and we find that his ex wife and atty have set a lien upon the home for the past spousal support. The home is now mine due to survivorship AND I was told that the past spousal award is null and void and that what I need to seek is a Release of Lien??
Is this something I can do myself?? Do I need an attorney??? Guess this is both family law and real estate law. What exactly is release of lien -- I understand what the words mean but is it something normally done when a spouse passes??
Thank you for your time and any advice
Actually we are retired in Wa .. both community property states. It's a long story but I will shorten it. Hubby retired after 30 years law enforcement, I am 2nd wife. Agreement for 1st wife was by the time of law rule for a portion of his pension. When hubby retired we signed all the papers we believed needed BUT was not appraised that even tho ex-wife got a decent portion of his retirement -- he had not had the courts rescind his court ordered spousal support.
Yup, she took him to court for back spousal support and won -- yes, we were shocked as it meant she got the retirement PLUS spousal support and ended up with 70% of our income. The monies were garnished from his pension (here in Wa you cannot garnish a pension but guess you can in Calif) So monies due came to $xxxxx and we had to pay a substantial fee each month including all of her attorney fees.
Now my hubby just passed last month at a very young age of 56. According to the original spousal agreement -- it was until either party deceased. I have talked with the retirement board and the past debt is null and void once he died so the garnishment for past spousal support is no longer valid.
A realtor friend had a search done for me on the property and we find that his ex wife and atty have set a lien upon the home for the past spousal support. The home is now mine due to survivorship AND I was told that the past spousal award is null and void and that what I need to seek is a Release of Lien??
Is this something I can do myself?? Do I need an attorney??? Guess this is both family law and real estate law. What exactly is release of lien -- I understand what the words mean but is it something normally done when a spouse passes??
Thank you for your time and any advice