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    besart's Avatar
    besart Posts: 3, Reputation: 1
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    #1

    May 3, 2010, 06:05 PM
    Can my house be taken away by x's back child support judgment?
    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's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    May 3, 2010, 06:50 PM

    Did you two own the house free and clear, no mortgage?
    besart's Avatar
    besart Posts: 3, Reputation: 1
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    #3

    May 3, 2010, 07:03 PM
    Quote Originally Posted by ballengerb1 View Post
    Did you two own the house free and clear, no mortgage??
    There is a mortgage.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    May 3, 2010, 07:06 PM

    Is his name still on the mortgage?
    besart's Avatar
    besart Posts: 3, Reputation: 1
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    #5

    May 3, 2010, 07:08 PM

    No his name is not.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    May 3, 2010, 08:02 PM
    Quote Originally Posted by besart View Post
    ...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).

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