View Full Version : Back Child Support regarding community property
TerisQs
Sep 11, 2009, 02:27 PM
My son-in-law owes back child support and is currently unemployed. If my daughter purchases a home and the title is in her name only, can a lien be put on the property? Also, is there a way if he does not contribute financially, can he be prevented from having any legal or financial hold on this property in regards to the community property law?
cdad
Sep 11, 2009, 03:43 PM
Yes. They will be able to put a lien on it because in the title the person has to declare what kind of person they are. i.e. Single man, Married woman, joint tennent etc.
Why isn't he paying his part in child support ?
cadillac59
Sep 11, 2009, 04:52 PM
My son-in-law owes back child support and is currently unemployed. If my daughter purchases a home and the title is in her name only, can a lien be put on the property? Also, is there a way if he does not contribute financially, can he be prevented from having any legal or financial hold on this property in regards to the community property law?
To the extent the house has any equity interest that could be community, the community interest can be reached to satisfy your son-in-law's child support. So I suppose a lien could be placed on the house, yes, as long he was identified with it in some way (I'm not sure how this would occur if wife's name alone were on the property and she were only designated "a married woman." The title doesn't reflect who the person is married to). And that might be problematic.
You wrote: "Also, is there a way if he does not contribute financially, can he be prevented from having any legal or financial hold on this property in regards to the community property law?[/QUOTE]"
Not sure I understand your question. You want to rephrase it?
stinawords
Sep 11, 2009, 07:32 PM
In my state at least (I don't know what state you are in) if the deed is in her name and her name only then no one else's debt holders can place a lien on her property. However, if his name is attatched to it or bank accounts or anything else of value a lien can be placed on it.