Lien on property


#1

My husband and I had a court date for temporary orders several months ago. The day of the hearing with our attorneys input we were able to hammer out a property settlement agreement.

Part of this agreement stated that I would buy the marital residence from my husband. This was supposed to take effect June 1. In the mean time, my husband would continue to pay all household bills and give me a small amount of money for 3 months.

There was considerable equity in the home (his equity would be my spousal support). In exchange, I would pay an outstanding tax lien on the property of $20,000.

A week after I signed the agreement I found out that the lien was not for $20,000 but $242,000. This eats up all the equity plus some. Obviously, I am no longer going to buy the property.

My husband has now stopped paying all the bills, including the mortgage. His thinking is let the lien holder have the equity in the house, then they wont garnish his wages. Our home phone has already been disconnected.

I work part-time, and am in nursing school full-time, due to graduate in May 2007. We have one child at home. I have always been a stay at home mom, married for 15 years.

Now it will be 2-4 months before I can get back into court for temporary orders. It took 4 months the last time. My house may be foreclosed on by then.

My question; was it my attorney