My boyfriend convinced me to move in and fix up the house in 2013 he signed a contract with me for the oversight of all construction of the property if I fixed it up he was going to give me one third of the property.
1 reply
Jun 19, 2018
That's an interesting situation, and I'm not quite sure it's one where a mechanics lien could be utilized. First, mechanics liens have strict deadlines. For Texas residential property, a lien must be filed no later than the 15th day of the 3rd month following the month in which the lien claimant last furnished labor and/or materials to the project. Liens filed beyond that timeframe will be invalid. Further, in order to file a lien, certain notices must first be sent. When a contract for construction has been signed with the property owner, a disclosure notice must be sent and a list of subs and suppliers must be provided to the owner - and if the property is a homestead, more rules will apply. For homestead properties, the contract must be executed before any labor or material is furnished, and the contract must be filed with the county clerk of the county in which the homestead is located. Finally, mechanics liens typically secure payment that is monetary - filing a lien to recover payment of 1/3 of the project property (rather than a monetary sum) would seem to be on shaky ground, at best. Of course, this does not mean there is no way to recover unpaid sums. Other options - such as a breach of contract action or an action to recover under unjust enrichment might be more fruitful than a mechanics lien claim.