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debpat

Junior Member
What is the name of your state?Arizona.
my husband owes his ex wife 18.000.00 in back support, even tho both kids are now over 21, the child support enforcement put a lien on our house, my question is, if I divorced my husband and the house was given solely to my and my 10 year old son, would the lien still be in effest? would I be able to seel the house, or would I have to pay her out of the sale of the homes proceeds?Thanks.
 


nextwife

Senior Member
THis is a "title" issue.

A lien/judgement that attaches to RE while the debtor has an interest in title REMAINS against the RE until either satisfied/released once the debt is paid or by paying off the debt out of proceeds at sale. Transferring the RE does NOT remove the attached debt.

If he was in title at the time of the lien/judgement filing or since, it is a valid lien and must be paid off to be removed from the RE.

You cannot convey good title to a buyer without paying off the lien.
 

Kansas4me

Member
However, the lien amount will come out of his portion of the equity when the house is sold.

So if you have 20,000 in equity when your house is sold, you get 10,000 he gets 10,000 but with the lien they take 11,000 of your equity so you get 9.000 and he gets nothing, and odds are you won't get him to cough up the 1000 you are owed.
 

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