can a lien be put on my house after a quit claim?

chrissieturner · Joined: 17 Jan 2008 Posts: 1 1.36 Dollars($)

my exspouse took me to court for back child support now iam being taken back to court to pay his attorney fees if i lose this can he put a lien on my house if i have already quit claimed the house to my current husband. The mortgage and deed have always been in my name alone.

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi chrissieturner,

Welcome to the forum.

If you need to pay you ex-spouse's attorney fee, that will be an unsecured debt. So the lien should not be put to the house but it really depends upon the court's judgment. If the court says so, lien can be put on your house. So better consult with an attorney.

I think in your case quitclaim to your present husband is a good option.

Feel free to ask if you have any further questions.

Best of luck,
Larry

jenkin7 · Joined: 04 Jun 2007 Posts: 939 140.77 Dollars($)

Hello Chrissieturner,

If the judgment as well as the state laws allow that, then the attorney's lien may be placed on your house. And if you have transferred the ownership rights to your present husband in order to protect the house from getting a lien attached to it, that might be considered as a fraudulent conveyance.

jheard · Posted: Fri Jan 18, 2008 8:08 am Post subject:

As jenkin7 said, it may be considered a fraudulent conveyance.

Also, if you live in a community property estate, you have a community property interest in the property that started accruing after you did the quitclaim. But if you did the quitclaim recently, the cp interest would be very small.

In California, you must do a special motion to get someone's community property assets.

michelle · Posted: Fri Jan 18, 2008 9:12 am Post subject:

Welcome to the forum chrissieturner,

In additon to what the other posters have mentioned about possible fraudulant conveyance I would also like to point out another problem.

It sounds as though the mortgage is in your name only. By quit claiming the property to your husband, you may have given your lender cause to accelerate your mortgage - meaning they could call the note as due and payable immediately. In order to quit claim the property out of your name, you really do need the approval of your lender to do so.

It is quite possible that the lender will not know about the quit claim and all will be just fine with your mortgage. I just wanted to make you aware of the possible consequences should your lender make this discovery.

I would recommend you consult with legal counsel about the whole situation and obtain advice specific for your state as laws do vary from state to state.

Please let us know if you have any other questions.

lisascherzer · Joined: 04 Jan 2008 Posts: 599 69.58 Dollars($)

If the house is not in your name then they cannot put a lien on it.

All times are GMT - 7 Hours

Page 1 of 1