Property help

[allycat31234]

What is the name of your state (only U.S. law)? CA
I am in need of some help? My wife and I got divorced about 6 years ago. The home that she currently lives in is in both of our names and in the court papers it states that the home will be sold when the youngest child who is 14 graduates from high school. It also states That my exwife would be able to live in the home in the condition that she keeps all payment current and the home in living standards. Now she has decided that she doesn't want the home and she wants to let it go into forclosure because she is upset that when the house does get sold that she won't get anything. The thing is that when we first bought this home I previously owed back child support so they put a lien on the home when we were still married. The amount that is owed on this home is only 53,000 and i owe about 60,000 in back child support. Now What I would like to know is what do I have to do so that i don't lose the home since she wants to stop paying on it. If I take over the payments what type of lawyer do I have to seek to make sure she doesn't get anything from this or is this even possible. Where do I begin with all of this or who do I need to see.

[mistoffolees]

Originally Posted by allycat31234

What is the name of your state (only U.S. law)? CA
I am in need of some help? My wife and I got divorced about 6 years ago. The home that she currently lives in is in both of our names and in the court papers it states that the home will be sold when the youngest child who is 14 graduates from high school. It also states That my exwife would be able to live in the home in the condition that she keeps all payment current and the home in living standards. Now she has decided that she doesn't want the home and she wants to let it go into forclosure because she is upset that when the house does get sold that she won't get anything. The thing is that when we first bought this home I previously owed back child support so they put a lien on the home when we were still married. The amount that is owed on this home is only 53,000 and i owe about 60,000 in back child support. Now What I would like to know is what do I have to do so that i don't lose the home since she wants to stop paying on it. If I take over the payments what type of lawyer do I have to seek to make sure she doesn't get anything from this or is this even possible. Where do I begin with all of this or who do I need to see.

You need to see a divorce attorney. What you've described is unusual, and it's hard to tell exactly what her and your obligations are without knowing exactly what the divorce decree says with respect to the house. Please state the wording of the decree with respect to the house. Also, what is the house worth now?

[LdiJ]

Originally Posted by allycat31234

What is the name of your state (only U.S. law)? CA
I am in need of some help? My wife and I got divorced about 6 years ago. The home that she currently lives in is in both of our names and in the court papers it states that the home will be sold when the youngest child who is 14 graduates from high school. It also states That my exwife would be able to live in the home in the condition that she keeps all payment current and the home in living standards. Now she has decided that she doesn't want the home and she wants to let it go into forclosure because she is upset that when the house does get sold that she won't get anything. The thing is that when we first bought this home I previously owed back child support so they put a lien on the home when we were still married. The amount that is owed on this home is only 53,000 and i owe about 60,000 in back child support. Now What I would like to know is what do I have to do so that i don't lose the home since she wants to stop paying on it. If I take over the payments what type of lawyer do I have to seek to make sure she doesn't get anything from this or is this even possible. Where do I begin with all of this or who do I need to see.

So, you are saying that your property settlement specifically made her reponsible for 50% of your back child support?...that it was considered to be a marital debt? If not she can take legal action against you to recover her share of the equity that goes towards your child support debt...particularly if she was unaware of the lien at the time that the property settlement was decided or was unaware of the extent of your child support debt when you purchased the home.