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View Full Version : Can my house be taken away by x's back child support judgment?


besart
May 3, 2010, 06:05 PM
In my separation agreement my soon to be x signed over the title to the house in lieu of child support payments. At the same time his x had a judgment for back child support placed on the house. This was done days before the agreement became official. I didn't know about or I wouldn't have signed this agreement. It was a default judgment. And husband isn't doing anything about it either. My state is Colorado. My question is - If the title is in my name, what is xwife entitled to? Could all of the equity (this is a large sum of money-more that the house is worth!)be taken to satify this judgement? What happens to my soon to be x? Is there any way I can protect my equity?Can

ballengerb1
May 3, 2010, 06:50 PM
Did you two own the house free and clear, no mortgage?

besart
May 3, 2010, 07:03 PM
Did you two own the house free and clear, no mortgage??

There is a mortgage.

ballengerb1
May 3, 2010, 07:06 PM
Is his name still on the mortgage?

besart
May 3, 2010, 07:08 PM
No his name is not.

AK lawyer
May 3, 2010, 08:02 PM
...If the title is in my name, what is xwife entitled to?

Could all of the equity (this is a large sum of money-more that the house is worth!)be taken to satify this judgement?

What happens to my soon to be x?

Is there any way I can protect my equity?

It appears that you want to be able to prove that she knew about the imminent separation agreement before she recorded her judgment. It would be arguable that she is not a bona fide purchaser without notice (if that is a valid defense in Colorado).