Family Law

questions & answers

Question: My ex has filed a lien per our divorce, insane isn't it? Anyway, can she, the lawyers, take my house away from me? I'm a vet, 74yo, and having a hard time making ends meet.

Answer: For assistance with your specific situation, consult with a licensed attorney.  The Access to Justice Program and the Modest Means program provide reduced rate or free legal services to those who qualify.  For more information on finding a reduced rate (or free) attorney, please visit: http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129

Arizona Revised Statue 33-9645 outlines the process of a judgment on a lien.

33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor
A. Except as provided in sections 33-729 and 33-730, from and after the time of recording as provided in section 33-961, a judgment shall become a lien for a period of five years from the date it is given, on all real property of the judgment debtor except real property exempt from execution, including homestead property, in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired. A judgment lien for support, as defined in section 25-500, remains in effect until satisfied or lifted.
B. Except as provided in section 33-1103, a recorded judgment shall not become a lien on any homestead property. Any person entitled to a homestead on real property as provided by law holds the homestead property free and clear of the judgment lien.
C. A judgment of the justice court, municipal court, superior court or United States court that has become a lien under this article, immediately on the payment or satisfaction of the judgment, shall be discharged of record by the judgment creditor or the judgment creditor's attorney by recording a satisfaction of judgment with the county recorder of the county in which the judgment is recorded. The judgment creditor or the judgment creditor's attorney shall enter a notation of satisfaction on the docket of the clerk of the superior court of each county in which the judgment has been entered or docketed, and in a like manner enter a notation of satisfaction on the docket of the clerk of the United States district court.
D. In a title IV-D case, if the title IV-D agency or its agent is listed as the holder of the lien and the judgment has been satisfied but the obligee is unwilling to sign the release of the lien or, after reasonable efforts, cannot be located to sign the release of the lien, the title IV-D agency or its agent may sign the satisfaction of judgment and release of lien without the signature of the obligee. The title IV-D agency or its agent shall send a copy by first class mail to the last known address of the obligee.

For the full text of Arizona laws relating to liens, visit (see Chapter 7): http://www.azleg.state.az.us/arizonarevisedstatutes.asp?Title=33