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kattygirl · Aug 2, 2007, 10:09 AM

My husband has back child support to pay and I am wanting to buy a home. Now we are currently on a payment plan to help him catch up but he is worried that if we buy a home the state can take it to pay off his debt. Does anyone know if this is true?

jstrike · Aug 2, 2007, 10:41 AM

Originally Posted by kattygirl

My husband has back child support to pay and I am wanting to buy a home. Now we are currently on a payment plan to help him catch up but he is worried that if we buy a home the state can take it to pay off his debt. Does anyone know if this is true?

No, the bank will actually own the house.

kattygirl · Aug 2, 2007, 11:07 AM

What if I paid in full on the house so that the bank didn't own it?

Fr_Chuck · Aug 2, 2007, 01:32 PM

Then put the home in your name only, not his name?

But if he owes back child support and has enough money in the bank to buy a house, he should pay his back child support.

kattygirl · Aug 2, 2007, 01:38 PM

HE doesn't have the money. I do. I let all my taxes go towards getting him caught up but will not give up a house for children that are not mine. He currently pays 750 a month for child support. This comes out of a 1250 disability check. So he has about 600 a month to help pay bills on. I am tired of struggling to pay rent and figured that I can afford to buy a very cheap house outright. I just don't want to lose it because we are married.

macksmom · Aug 2, 2007, 01:41 PM

As long as there is a payment plan set up for the child support they will do nothing, they are just concerned that the money is coming in. If child support stopped coming in, then they would do something... but not in the terms of taking a house... it starts with suspending drivers licenses then jail time...

Are you talking about other debt aside from child support?

kattygirl · Aug 2, 2007, 01:48 PM

Nope just the child support. I know nothing about it other than if there is ever any extra money coming in it goes to the back payments. Since my husband got cancer and was busy paying the doctor bills so he could continue treatment he got behind and we are doing all we can to catch up and get this off us.

macksmom · Aug 2, 2007, 01:57 PM

It really should not be an issue... at all... my daughters father is like $4,000 behind and they don't do anything... he pays an extra $30 a month towards the arreage and as long as those payments are being made they don't do anything. The only time they step in is if the payments stop... then they suspend his drivers license, and once they held him in contempt of court, which just resulted in another suspended drivers license and a suspended jail sentence. They honestly are just concerned that the money is coming in, as long as it is you guys will be fine :)

kattygirl · Aug 2, 2007, 02:05 PM

Thank you!

jstrike · Aug 2, 2007, 02:08 PM

Originally Posted by kattygirl

HE doesn't have the money. I do.

If it's your money then put the house in your name... nothing the ex/state can do. It would be safer not to buy the house outright even if you can afford it. The bank will have the lien on it and they can't come after the house.

DianeV Sr Loan Officer · Aug 4, 2007, 08:43 PM

Talk to a real estate atty. There are different ways to take title to property to protect one party's creditors from taking a property that belongs to 2 people. It is called "tenants by the entirety" and is available only to married couples. Technically, it gives each of you 100% ownership and survival rights. So if you owe money and the creditor liens the house, they cannot force a sale because your spouse also owns 100% but he does not owe the money. This form of ownership may not be available in all states so talk to an atty.