I am divorcing and want to be compensated for my time and energy put into building our home

Full Question:

What lien forms do I fill out for this situation? My wife and I because of a sale of a piece of property being sold to a developer and the city taking its time to approve the sale, we had to find a new place to live. My mother-in-law co-signed for our new place. We had a agreement to pay her back when the home that was tied upin sale, sold. Since then my wife and I have separated and she says that the house will be hers, because in the state of Washington anything inherited goes to her. Her mother is 86. I found this house at a very good price $100,000.00 for the property only and it had a very beat upmanufactured home on it. I moved in 3 months before my wife and mother-in-law and completely remodeled the place and it is now worth about $200,000.00, we spent about $20,000.00 of our money to help with private sub contractors. I have over a year of labor and organizing the work. What can I do for all I have invested in the property?
12/30/2008   |   Category: Power of Att... ยป Real Estate   |   State: Washington   |   #14884

Answer:

If it isn't possible to file a mechanic's lien on the property, it may be possible to have a claim for the value of the services provided in a contract or divorce action, or to use as a defense to offset the money loaned. I suggest you consult a local attorney who can review all the facts and documents involved. In Washington, the three required notices are the Notice to Customer, Notice to Owner, and Claim of Lien in order to have a mechanics lien on a property.

Notice to Customer

The Contractor's Registration Statute requires general contractors who wish to have lien rights provide a "Notice to Customer" prior to commencing work on a project. For purposes of this notice, a project would be defined on residential construction on four or fewer residential units when the contract price is $1,000 or greater.

This notice is provided in the statute provides the contractor's customer with the contractor's registration number and the expiration of the contractor's registration. It also gives the customer information regarding the contractor's registration bond and alerts the customer to
the possibility of liens.

Notice to Owner

Professionals and material/equipment suppliers, who do not have a contractual relationship directly with the owner of the real property must provide a Notice to Owner. Second-tier or lower subcontractors must also give this notice. The notice must be provided within 60 days of the first work or delivery on commercial projects and within 10 days of first work or delivery on residential construction projects.

The notice is provided to the owner of the real property and outlines the various protections that an owner has available to avoid the possibility of a lien actually being filed against the real property. This form also indicates the date that the individual or company providing the notice first began providing labor or materials on the project. This notice is not be required of persons who contract directly with the owner or the owner's common law agent or laborers whose claim
of lien is based solely on performing labor.

Claim of Lien

A lien is created against the real property when a "Claim of Lien" is property recorded. A properly recorded lien is one that has been recorded with the county auditor in the county where the property is located.The individual or entity wishing to have a lien must record the lien within 90 days of the last work or delivery on the project.

Within 14 days of recording the lien, a copy must be mailed by registered or certified mail or by personal service to the owner of the real property or the lien claimant will not be able to recover
attorneys' fees in any foreclosure action.

The claim of lien itself must provide for the name of the individual or company making the claim of the lien, the date on which service first began, the person indebted to the person or company making the claim, the description of the real property against which the hen is being claimed, the owner or reputed owner of the real property (if known), the last date labor and/or materials were provided, and the principal amount for which the lien is claimed.