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Duplex residential homeowner. Ex-partner filed intent to file lien on property after moving out.

A (recent) ex-boyfriend just filed an "intent to file a mechanic lien" against my house for $3,000 worth of labor hours/purchased materials. The house is in my name and I bought it when we were still together in October of 2019. My ex is claiming that we had a verbal contract stating I would pay him back for these items, however the conversation we had was that I assumed all the household bills including rent and utilities, and we both contributed towards paying for materials, groceries, etc while working on projects together after he got off work and I got out of school. There was never a written contract because--at the time--we both enjoyed improving our mutual living space. I believe my ex is filing this lien against me because he is angry that the relationship is over and he wants to hurt me. I told him that I was considering selling the house because there were too many memories in the space and that was when he said that I would have a hard time selling it with a lien on the property... How should I proceed? Thanks for your time. -Nate

1 reply

Feb 17, 2020

There are several issues that can be presented when parties other than "contractors" hired to perform work on a property threaten to file a mechanics lien. Generally in Ohio, parties who contract directly with a property owner are not required to send any preliminary notice prior to filing a mechanics lien, but must file the mechanics lien itself within 60 days after last furnishing labor or materials to a residential project. While county recorders do not generally act as gatekeepers in order to prohibit invalid mechanics liens from being filed, an invalid mechanics lien may be challenged and removed from the property. Additionally, there are actions that a property owner may initiate (or inform a potential lien claimant of prior to the filing a lien) when an invalid or fraudulent lien is filed. Ohio recognizes a "slander of title" action that can be brought against a a party who falsely and maliciously defames the property of another which causes loss. Additionally, "handymen" in Ohio may only perform work worth less than $1,000, inclusive of materials, and are prohibited from performing certain work that requires a license (like structural work, electrical, HVAC, plumbing, etc.). The best course of action is generally to "talk it out" and make sure that everybody is on the same page. It's normal for people to be upset after a breakup, but actions have consequences and filing an invalid lien can expose somebody to liability for the damages that can result. The good news is that a notice of intent to lien is not a required document in Ohio, and it has no legal effect the property's title.

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