my father owes child support and they are selling their home what can they do to avoid a lien on the house before it sells? my father is disabled and cannot work.
2006-10-06 07:27:19 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
my mom is the only one on title
2006-10-06 07:38:03 · update #1
but what if they haven't put a lien on the property yet???
2006-10-06 08:23:51 · update #2
TX is a community property state. If they have a legal tie to TX, the state probably can. And if CA is a CP state, there you have it!
BUT, I'm not an attorney so you should check with one for advice specific to your situation.
2006-10-06 07:54:27 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I don't believe that back payment for child support can be taken upon the sale of a home. Only taxes and mortgages can become liens. Your father should own up to his responsibilities though and face what he owes and work something out. I understand he is disabled, and he may certainly use that to his advantage, but because he didn't pay child support, all the rest of us did instead and that isn't fair.
2006-10-06 08:45:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
California is a community property state. If they (he and his current wife) have ever commingled funds then whether he is on title or not, he has legal right to the home and all marriage assets. States are really cracking down on child support so he will not likely get out of it at this point.
2006-10-06 07:57:04 · answer #3 · answered by Not Laughing w/ U 3 · 0⤊ 0⤋
You need to seek qualified information both from Texas and from California and speak to child support attorney. To that end here are the links that the government and not for profit organizations provide to the public where you can not only get the information on child support but perhaps qualify for legal assistance.
Child Support contacts for all states in the US: http://www.acf.dhhs.gov/programs/cse/extinf.htm
Free legal aid search for all states: http://www.lawhelp.org/
Buena Suerte
2006-10-06 09:19:24 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Well that's totally shady isn't it! If he owes it he needs to pay it out of the proceeds.
If hes on the current loan he cant quit claim himself off becuase he MUST be on the title becuase of the mortgage.
2006-10-06 07:31:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋