unusual scenarios: questions, please help.

unusual scenarios: questions, please help.

"lincland"	1/29/2005 10:27:00 PM
Hi, Here are two situations that might have never been tested in court. Any comments are welcome. I have a judgement against someone. 1. Is it possible, in Florida, to place a lien on possible future inheritance of the debtor? Debtor's father has sizeable estate that she stands to inherit. Can I file a lien against the estate so that she cannot receive anything until I get paid first? 2. She is a lesbian living with her lover in Mass. At some point, does a commonlaw marriage situation kick in, so that I would be able to file a lien against the house she's living in that's owned by her lover...or seize common property. thanks, lincland@hotmail.com



"Daniel R. Reitman"	2/1/2005 6:16:55 PM
On Sat, 29 Jan 2005 22:27:00 -0500, "lincland" <lincland@hotmail.com> wrote: . . . . 2. She is a lesbian living with her lover in Mass. At some point, does a commonlaw marriage situation kick in, so that I would be able to file a lien against the house she's living in that's owned by her lover...or seize common property. As far as I know, Massachusetts does not recognize common law marriage. Can anyone there confirm? Daniel Reitman



"Arthur L. Rubin"	2/1/2005 6:17:26 PM
lincland wrote: Hi, Here are two situations that might have never been tested in court. Any comments are welcome. I have a judgement against someone. .... 2. She is a lesbian living with her lover in Mass. At some point, does a commonlaw marriage situation kick in, so that I would be able to file a lien against the house she's living in that's owned by her lover...or seize common property. I don't know if MA is a common law marriage State, or if the same sex marriage ruling would apply to common law marriages, but it is NOT a community property state. The question of whether you can lien jointly owned property is different, but you cannot lien property owned by a "parter" -- either a personal partner or a business partner. -- This account is subject to a persistent MS Blaster and SWEN attack. I think I've got the problem resolved, but, if you E-mail me and it bounces, a second try might work. However, please reply in newsgroup.



Rich Carreiro	2/1/2005 6:18:01 PM
"lincland" <lincland@hotmail.com> writes: Here are two situations that might have never been tested in court. Any comments are welcome. I have a judgement against someone. 2. She is a lesbian living with her lover in Mass. At some point, does a commonlaw marriage situation kick in, MA is not a common-law marriage state. They have to go and explictly get married to be considered married by MA. so that I would be able to file a lien against the house she's living in that's owned by her lover...or seize common property. MA is not a community-property state. Even if they did get married, the act of marriage in MA doesn't make your judgement debtor a co-owner of anything the lover owned singly before getting married (heck, I don't think that happens even in community-property states). -- Rich Carreiro rlcarr@animato.arlington.ma.us

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