CA Child Support Liens - Quit Claim Deed - Sale of Property?

Question

Thank you Andy for your answers to Shays questions and also for pointing out that we may need legal counsel but do not want to seem totally ignorant when we have a short consultation.

I have been doing some self help research on this type of case and have not come up with any solid answers to my questions.
My x-husband owes me $60,000.00 in back child support, he had 40 percent ownership of 3 houses left to him by his grandmother. He had an active lien on him and still does. However he quitclaimed the property over to his father to a family trust. The father turned around and sold the houses. I just learned this and it has been one year. The liens have been in place well before any quit claim deed was signed.

His father knew of the liens. I am trying to do any research I can to see if I even have a case before consulting an attorney.

If anyone has any information on this subject I would be grateful.

Thank you

Answer 1

You can read a case where transfer of real property (in this case to a spouse as a division of marital property was found by the Calif. Supreme Court to be a fraudulent transfer: Mejia v. Reed, 31 Cal. 4th 657, 74 P.3d 166 (2003) http://uniset.ca/other/cs6/74P3d166.html

California has interpreted its Uniform Fraudulent Transfer Act quite broadly and also (unlike other states) has read the 4-year statute of limitations not to begin running until judgment is had for a debt (or the transfer occurs, whichever is later). If you want to get an understanding of fraudulent transfer law (which has nothing to do with "fraud" except insofar as the hiding or coveyancing of assets is deemed a "fraud on creditors", a concept dating from Elizabethan times ("Statute of Elizabeth"), go to this site: http://www.fraudulenttransfers.com/ It won't substitute for years of law school, but you should find it helpful if you have the time to wade through it.

Answer 2

A end declare deed won't pass possession to you till you're already a co-proprietor of the valuables alongside with your uncle, and then he releases any possession activity via employing end declare deed, making you the only proprietor. hence he has to 'sell' (pass) the call of the valuables from his call to yours. You, of direction, will assume the criminal duty of any assets tax on those parcels. Your uncle would desire to look for suggestion from with a qualified accountant on the final thank you to financially turn those residences over to you. If there is important fee to the residences, he would perhaps set off a latest tax if he provides extra desirable than $12,000 nicely worth of those residences to you in any given tax 3 hundred and sixty 5 days.

Answer 3

You have the right to question the transfers of the house as a violation of law wherein your right to support was practically made inutile.