Spouse Has Lien on Property for Community Payment

Question: I purchased a home in Payson when I was single with a $20,000 down payment. The deed to the home even says “a single man.” I was married six months later. All of the monthly mortgage payments and repair costs since our marriage have been made from our family checking account. After eight years of marriage, my wife moved out and filed for divorce. She said that her divorce attorney told her that she has a lien on our home, although her name has never been on the deed. Does my wife have a lien on our home that I will have to pay?

Answer: Probably. Although title to the home has always been only in your name, the monthly mortgage payments and repair costs made from the family checking account for eight years were community property. Therefore, your wife probably has a lien on the home for one-half of the amount of the monthly mortgage payments and repair costs made from the family checking account in the last eight years.