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Are liens on property automatic when arrearages are a large amount?

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yourartsdesire

Junior Member
What is the name of your state? Virginia

Child support arrearages are approximately $47,000+. Children are past age 18.
Ex-husband lives in CA (where divorce was granted). Virginia still collects the
arrearages.

The ex called a couple of days ago to request that I "drop or reduce" the amount of arrearages still owed. Had multiple excuses why I should do this.
I discovered (from one of his family) that family property, valued at $3 million to $4 million, may be sold soon. The property is jointly owned by 5 siblings and listed as a "corporation".

My question is this: can he sell the property and get the proceeds even with a $47,000 arrearage on the books in California and Virginia? Will the arrearages be considered as a lien against the property since it is listed as owned by a "corporation"?

Thank you in advance for any guidance in this manner.
 


nextwife

Senior Member
yourartsdesire said:
What is the name of your state? Virginia

family property, valued at $3 million to $4 million, may be sold soon. The property is jointly owned by 5 siblings and listed as a "corporation".

My question is this: can he sell the property and get the proceeds even with a $47,000 arrearage on the books in California and Virginia? Will the arrearages be considered as a lien against the property since it is listed as owned by a "corporation"?
When a title company does a lien check as part of the commitment they provide. the liens/judgements that "attach" to the real estate are those against the "owners". If the corporation is the "owner" the lien has not actually attached to the real estate. Once he banks those proceeds, if in his own name, you can attempt a seizure of the funds in HIS account.

Of course, if the proceeds are deferred via a 1031 exchange into a "replacement property", it is possible that no money will actually get paid out at all and all gains be rolled into the exchange property..

I believe you'd need to take action against his share of the corporation. Any money HE has IS subject to seizure.
 
Last edited:
S

seniorjudge

Guest
nextwife said:
...I believe you'd need to take action against his share of the corporation. Any money HE has IS subject to seizure....
Your ex is trying to hide funds. Get him.

You cannot reduce what he owes; that your children's money, not yours.
 

Ricky Collins

Junior Member
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yourartsdesire said:
What is the name of your state? Virginia

Child support arrearages are approximately $47,000+. Children are past age 18.
Ex-husband lives in CA (where divorce was granted). Virginia still collects the
arrearages.

The ex called a couple of days ago to request that I "drop or reduce" the amount of arrearages still owed. Had multiple excuses why I should do this.
I discovered (from one of his family) that family property, valued at $3 million to $4 million, may be sold soon. The property is jointly owned by 5 siblings and listed as a "corporation".

My question is this: can he sell the property and get the proceeds even with a $47,000 arrearage on the books in California and Virginia? Will the arrearages be considered as a lien against the property since it is listed as owned by a "corporation"?

Thank you in advance for any guidance in this manner.
Arizona: I have a related question to this matter: Can a out of state ex-wife put a arrearage lien on any joint property (home/Vehicles) owned by ex-husband and his new wife?
 
S

seniorjudge

Guest
Ricky Collins said:
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Arizona: I have a related question to this matter: Can a out of state ex-wife put a arrearage lien on any joint property (home/Vehicles) owned by ex-husband and his new wife?
Don't hijack; start your own thread.
 

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