Insurance lien on property

[schristi69]

Arizona

I have a friend that has been in a non-marriage relationship for the last 23 years and they have 2 children. She has recently split from him and he has vacated the property. Both of their names are on the mortgage. He has quit claimed his half of the property to the 2 children. She cannot refinance for 1 year as he has been paying the mortgage from his account and she needs to show a payment history. He is threatening to file an insurance lien on the property. From my understanding this is for contractors to secure their payment for services and materials or HOA's to collect an amount that is due to them. Can he do this for no reason? The only thing that could be considered a "bill" is he gave her a sum of money to purchase some stock that has not gone public yet and has no value as of yet. No agreement for repayment was created nor was their a verbal agreement. Considering the length of time and the living situation, I would expect this to be considered a gift. Should she be worried about this threat of a lien?

 

[OHRoadwarrior]

Based on your story, he has no basis to file any type of lien. On what basis was he claiming he could file it? The purchase of stock is a totally separate issue from the home and does not create an actionable event if it was a gift.

 

[schristi69]

Based on your story, he has no basis to file any type of lien. On what basis was he claiming he could file it? The purchase of stock is a totally separate issue from the home and does not create an actionable event if it was a gift.

We are both confused why he is doing this except to be a pain. Neither of us sees that he has any kind of claim either. Thanks.

 

[sandyclaus]

Arizona

I have a friend that has been in a non-marriage relationship for the last 23 years and they have 2 children. She has recently split from him and he has vacated the property. Both of their names are on the mortgage. He has quit claimed his half of the property to the 2 children. She cannot refinance for 1 year as he has been paying the mortgage from his account and she needs to show a payment history. He is threatening to file an insurance lien on the property. From my understanding this is for contractors to secure their payment for services and materials or HOA's to collect an amount that is due to them. Can he do this for no reason? The only thing that could be considered a "bill" is he gave her a sum of money to purchase some stock that has not gone public yet and has no value as of yet. No agreement for repayment was created nor was their a verbal agreement. Considering the length of time and the living situation, I would expect this to be considered a gift. Should she be worried about this threat of a lien?

Given these circumstances, the only way he could obtain a lien would be to win a court judgment against her. The length of time they were together, and their living situation doesn't entitle her to keep the money as a gift. If it was a loan with a promise to repay, then she would be obligated to repay the debt.

Has he actually filed suit to try to recover the alleged loan for the stock purchase? How long ago did he loan her the money?