The Question:
My husband and I were going through a nasty divorce. We both missed our court date and the case was dismissed. I was awarded spousal maintenance before the dismissal, and he was in arrears. I’m currently living in a home that’s in his name only. Can I put a lien on it?
RJ Says:
Because the divorce was dismissed, so were the orders that awarded you spousal maintenance. That means your right to collect under that previous order no longer exists.
If you refile, you can use the same facts and circumstances that led to the original award to request spousal maintenance again. However, the court will also consider any change in circumstances since then, including his incarceration and current ability to pay. I would need more information to assess your current entitlement to a new award.
Even though your name isn’t on the title, you may still have a claim to part of the equity in the home. Arizona is a community property state, so if the home was purchased during the marriage, or community funds were used to maintain or improve it, you could have a community lien interest.
If the court finds that you do have an interest, then yes, it can place a lien on the property to secure what you’re owed.
This is a complex issue that depends heavily on the details. Speaking with an experienced Phoenix divorce attorney can help you understand your rights and take the next steps. Call (602) 256-7575 to schedule your free 30-minute consultation.