HELP - Married and my husband is in arrears

Texas

Since Texas is a community property state, I need to know what effect that will have on me. I recently purchased a home and was told that since Texas is a community property state, the property had to be recorded in both mine and my husbands name.

My husband owes arrears in child support and I need to know what I need to do in order to protect my home from anything happening. My husband is not on the loan of the house. Recently a restriction was placed on our joint bank account, which I am the sole contributor, and I had to appeal the case.

Please provide any useful information or tell me what type of attorney I should seek out.

Thanks,
Stressed

dajahgill said:

Texas

Since Texas is a community property state, I need to know what effect that will have on me. I recently purchased a home and was told that since Texas is a community property state, the property had to be recorded in both mine and my husbands name.

My husband owes arrears in child support and I need to know what I need to do in order to protect my home from anything happening. My husband is not on the loan of the house. Recently a restriction was placed on our joint bank account, which I am the sole contributor, and I had to appeal the case.

Please provide any useful information or tell me what type of attorney I should seek out.

Thanks,Stressed

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You got very bad advice...I am sorry. Your husband could have signed paperwork that would have left him off the deed. The good news is that in TX most CS liens against a primary residence can't be enforced.

Nevertheless....you and your husband need to take all steps to keep your finances 100% separate. Consult a real estate attorney for a mechanism to remove him from the deed to your home. Do not hold any joint accounts..ever again.

Oh and your husband can pay his child support too. That would solve the problem right there.

Newguy I was thinking the same thing.

Why not encourage your husband to pay off his arrears? I realize you probably don't like the ex but that money is for the kids he helped create, not her.

Sarah

Positive Responses Please

Not the answer I was looking for. He is in the process of paying the debt, not to mention we have a very good relationship with his kids. That is not the concern...the concern is what can I do to protect MY assets.

Thanks!

I am new guys wife. My hubbie is not in arrears but in the even that something were to ever happen to him we have all of the assets in my name. The only thing that he maintains is his bank account and most of that money is gone for bills within 24 hours of it being dposited on the first. Just somethink to think about. Just make sure that if you ever get divorced that you are fair and give him his stuff back.

I am new guys wife. My hubbie is not in arrears but in the even that something were to ever happen to him we have all of the assets in my name.

In other words if something happens to him his children are left high and dry? I don't mean this to sound offensive, although I know it does. It's just that I am the custodial parent and my ex husband has done the same thing.

EVERYTHING he owns is in his wife's name. She is the beneficiary of any insurance and should something happen to him my children would have no claim at all to any of his assets. Sorry but this is a man who lived for the day his wealthy father died so he could get his hands on that money. I just don't understand that attitude and how he can now turn around and cute his children out. I'm sure it's me he is attempting to cute out but it's his children he is actually hurting by such actions not me.

Hopefully your husband has made some sort of arrangement for his children to also share in any assets he has should he die. A trust or something. Being the ex wife I worry about the loss of CS should he die but mainly I worry about the message it would send my children knowing he made no arrangements for them to share in his assets the same way his father did for him.

I fully understand a new spouse wanting to protect their assets but, in my opinion, what I have belongs to my children. It won't ever belong to anyone I marry in the future and maybe my thinking is skewed but I would assume most parents would feel this way.

When you get married, you share everything even debts. I have helped my husband pay for things that his ex-wife left w/o any problems. I knew when we got married, that I'd have to deal with it and I did.
I don't understand why you need to take everything out of the husbands name so if he goes into arrears, the kids won't be able to have any way to get the support. How about making sure that your husband pays in the first place?

dajahgill said:

Texas

Since Texas is a community property state, I need to know what effect that will have on me. I recently purchased a home and was told that since Texas is a community property state, the property had to be recorded in both mine and my husbands name.

My husband owes arrears in child support and I need to know what I need to do in order to protect my home from anything happening. My husband is not on the loan of the house. Recently a restriction was placed on our joint bank account, which I am the sole contributor, and I had to appeal the case.

Please provide any useful information or tell me what type of attorney I should seek out.

Thanks,
Stressed

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Yes, Texas is a community property state and a couple can be legally recognized as husband and wife even though not officially married by license. However, in order to have this recognition, the 2 people need to "live together and present themselves to others as a couple" for least 6 months prior.

This can get sticky.....you could live together and present yourselves this way to friends and family but still chose to NOT have it legally recognized as a marriage on legal documents.....ie; by keeping all bank accounts, credit extentions, automobiles & insurance etc seperate. Most TX residents take advantage of the "community law" only when it's to their advantage to do so.....ie; when children between the two are involved or when WANTING to combine interests such as property, medical insurance, or credit loans because one person has the credit and the other doesn't.

You need to re-investigate the legalities of what your realtor/lender told you about having to add your B/F's name to the deed. I don't believe this was mandatory. In the meantime, close and re-open new bank accounts in seperate names......along with everything else. His cs debt is not yours....but certainly think twice about what you're getting yourself involved in. If he owes arrears, he's obviously had problems supporting his children, and this is not a good sign!

.but certainly think twice about what you're getting yourself involved in. If he owes arrears, he's obviously had problems supporting his children, and this is not a good sign!

She is already married to this man and evidently had no problem marrying someone who she knew was in arrears as far as supporting his children.

She states that she recently purchased a home and wants to know what she needs to do to protect "her home." I'm betting, although it will be in her name alone that some of his income will go toward maintaining that home. Essentially she is actively promoting the idea that his children have no legal right to any of his assets by trying to keep his name off of the home.

His child support debt is not hers, you are right about that. Any self-respecting person would want to know their husband has and will continue to pay child support.

brisgirl is right, this poster should be actively making sure her husband's children have what they need instead of actively working at keeping them from having what they need and is rightfully their...access to his assets should the need arise.

For heaven's sake, DON'T take legal advice from your loan officer! Seek your own legal counsel. I've seen plenty of messed up legal situations because people moved ownership around on the advice of some loan officer trying to put a deal together.

NO, a married person CAN keep a home they bought seperate and still refinance. Been there, done that. Not to cheat his kids, but they are now grown and do not have the same financial needs that my seven year old has.

The one way to stop beating yourselves to death over who is siding with new wife and who is siding with kid's is to Number 1 PAY off arreages. Then there is no worry about what if.
When I met my husband he was behind in child support. He had not paid because he could not see his daughter and that was his way of punishing his ex wife.
WRONG- I told him that I expect my baby's daddies to support them both financially and emotionally and I have welcomed the rights to my children to feel loved by both parents.
We took out a loan and payed off the support, and yea to be honest for a minute it pissed me off that she was getting all that money cause hell there was stuff I couldnt afford but could have bought with that cash. But I have children whos fathers pay support and I cant expect them to do something that the man I am sharing a bed with doesnt do. He was angry then, but now that is not hanging over his head and when we go to court for modification and contempt OUR hands will be Clean. There is such a thing as the " DIrty Hands Law" If you cannot abide by it dont EXPECT the court system to get your back on making someone else walk the straight and narrow.

ummm....damn right I have protected my house and my assets were my husband to die.

I do not want to have to sell my house so that his first wife can have it.

I expect her as an adult and a parent to have her OWN home, and assets, that she can keep without the help of my husbands "inheritance".

I would like to keep mine for MY children with my husband.

And I agree with nextwife, in the case of grown children vs. minor children, they certainly need more protection than thier adult siblings would.

we can assume most people here looking for free advice are not "donald trump" and likely will not be hiding away fortunes from thier children.

in any case as long as the deceased parent worked, if the children in question are still minors, they at least will receive social security, which will help those mothers who have been completely dependant on child support.

haiku said:

ummm....damn right I have protected my house and my assets were my husband to die.

I do not want to have to sell my house so that his first wife can have it.

I expect her as an adult and a parent to have her OWN home, and assets, that she can keep without the help of my husbands "inheritance".

I would like to keep mine for MY children with my husband.

And I agree with nextwife, in the case of grown children vs. minor children, they certainly need more protection than thier adult siblings would.

we can assume most people here looking for free advice are not "donald trump" and likely will not be hiding away fortunes from thier children.

in any case as long as the deceased parent worked, if the children in question are still minors, they at least will receive social security, which will help those mothers who have been completely dependant on child support.

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I agree completely. However I do think that an ncp should provide some life insurance for his/her children (at affordable levels)....it can be set up, if necessary, that someone other than the other parent be in control of the money until the children are adults.

LdiJ said:

I agree completely. However I do think that an ncp should provide some life insurance for his/her children (at affordable levels)....it can be set up, if necessary, that someone other than the other parent be in control of the money until the children are adults.

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Why?

I understand that it can be possible for a CP to sue an estate for the lifetime balance of support. I still think its ridiculous though. So for sake of conversation and not legalities...heres what I have to say.

personally I think life insurance is something all parents of minors should have, but it is thier personal choice.

why should an NCP though have to have it? Why shouldn't the CP too?
An NCP is just as "screwed" taking on the children fulltime as the CP is.

I have told this story before, about my husbands ex demanding an exorbitant insurance policy on his life. And she dropped it like a hot potato, when my husband demanded the same of her, and her lawyer could not refute the validity of my husbands claim.

with or without ins. though, a child support order should die with the NCP, other than the ability to get anything past due.