Divorce Laws: Removing Liens From Personal Property

Question:

My wife’s divorce lawyer has placed a lien on all of my property during the pendency of our divorce.

I have also been denied the right to retrieve any of my personal property since I was kicked out of the marital home. I need this property and equipment for my job.

How can I get these liens lifted and regain access to my personal property?

Answer:

While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding the property division issues you present in your question.

The liens on your property and equipment should not prevent you from having access to their use and enjoyment. The liens prevent you from selling, trading or otherwise disposing of the property until you and your wife have reached an agreement on its disposition, or the court issues an order regarding its disposition.

If the liens on your property have been properly filed, then your only remedy is to have your wife agree to remove the liens, or for you to request a final hearing with the court, at which time you can request that the court grant you the property in the divorce judgment.

Once the property has been granted to you by way of a court order, you should not have any issue removing the liens.

As for your personal property, your attorney should be able to reach some type of an agreement with your spouse (or your spouse’s attorney) regarding a specified date and time that you can retrieve the property.

You will probably need a detailed list of the property that you intend on taking and your wife will have to consent to the list of items.

If you and your wife cannot agree on the list, you should at least obtain the items that she agrees for you to remove. With respect to the items which she will not consent for you to take, you will have to address this request with the judge at your final hearing.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a divorce attorney for men.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Kevin Mammola, an attorney in the Atlanta, Georgia office of Cordell & Cordell, please contact Cordell & Cordell.