paying all the bills on house when I own 1/2 of it. Other owner will not pay anything, had to replace roof, stove, yard work, taxes, insurance.
she refuses to pay anything.
how do i put a lien on her half of the property.
6 replies
Sep 21, 2020
Traditionally, contractors and suppliers that don't get paid on a construction project in Nevada can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. Luckily, Nevada's mechanics lien laws are very inclusive. Generally any party who provides at least $500 worth of labor, materials, or equipment in relation to the improvement is entitled to lien rights in Nevada. Nevada lien law is so broad that it may extend to consultants performing work at the project site.
Keep in mind that if a party doing the work is required by Nevada to be licensed to perform that type of work, he may only claim a mechanics lien if he is licensed. It would be helpful to contact a Nevada construction attorney to verify if you may be considered one of the parties eligible to file a mechanics lien considering Nevada law explicitly states that the following parties have lien rights: Equipment lessors, architects, engineers, surveyors, geologists.
If you may file a mechanics lien against the owner, keep in mind that Nevada requires, in addition to recording the mechanics lien with the county recorder of the county in which the property is located, a copy of the lien must be served on the owner of the property within 30 days after recording the lien.
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Sep 21, 2020
how do i put a lien on co owner on house
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Sep 21, 2020
need information to put lien against co owner
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Sep 21, 2020
Generally, mechanics lien rights only arise when payment is owed and unpaid for construction work that improved the property. Again, a Nevada construction attorney can look at your circumstances and determine if may have mechanics lien rights in Nevada. Keep in mind, in Nevada if you completed work on the home that a license is required for and you don't have a license, you won't hold rights to file a lien.
In regards to other types of liens and encumbrances, typically, to place a lien on property for debt owed, the lien claimant must have a judgment in hand against the parties who owe them money. So, unless there's been some litigation or small claims case, it might not be possible to secure payment through a lien on the property.
Keep in mind, that having part ownership in the property is similar to obtaining a lien against the land. Generally, when property is jointly owned, one of the joint owners can typically prevent the other owner from selling the property that's jointly owned. Or at least the other owner may be make it much harder for you to sell the property without the consent of the other co-owner.
If your payment dispute continues to give you serious problems, it might be a good idea to consult a local Nevada construction attorney to help provide some insight on the situation. Good luck!
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Sep 22, 2020
Your answer does not give me information for a lien with a co owner who will not pay her share of the bills with the house.
How do I put a lien on her so when the house sells I can get back all the money I have had to put into the house all by myself.
Please help me or give me information how to put this loan on her.
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Sep 22, 2020
You likely will not be able to file a lien to acquire money you are owed. As stated above, if you are owed money you generally cannot place a lien on the property without first suing the co-owner and receiving a judgment (decision) in your favor. Getting a judgment requires convincing a judge or jury that the co-owner owes you these funds. This might include showing a written contract that was agreed by the other party or the validity of an oral contract. To enter into a suit against the co-owner in which you are seeking money from you will need to hire a Nevada attorney.