Child Support Lien - Property Transfer Conundrum

Here's my situation:
I'm currently going through a divorce and live in the house with our
two children. Both of our names are on the title, but only his is on
the mortgage loan. With my half of his pension plan earnings during
the time we were married, the back child support he already owes me,
and giving up the right to any alimony, I could successfully "buy out"
his half of the house so that I could remain in it with our children,
rather than have to sell.
We have combined debt of around $70,000 that I would take care of in
the refinance process.
The problem is, there is currently a $110,000 lien on the house due to
his child support arrearages for his son that he has with another
woman.
So how does the lien get paid off?
If he sells me the house for $1 in exchange for what he owes me, I
refinance into my name alone, where does the lien go? I don't have to
refinance an extra $110,000 do I??

wrote in message
ups.com...
Here's my situation:
I'm currently going through a divorce and live in the house with our
two children. Both of our names are on the title, but only his is on
the mortgage loan. With my half of his pension plan earnings during
the time we were married, the back child support he already owes me,
and giving up the right to any alimony, I could successfully "buy out"
his half of the house so that I could remain in it with our children,
rather than have to sell.
We have combined debt of around $70,000 that I would take care of in
the refinance process.
The problem is, there is currently a $110,000 lien on the house due to
his child support arrearages for his son that he has with another
woman.
So how does the lien get paid off?
If he sells me the house for $1 in exchange for what he owes me, I
refinance into my name alone, where does the lien go? I don't have to
refinance an extra $110,000 do I??

This Is more a legal matter rather than a child support Issuse. I don't know
enough about divorce and splitting property well enough to answer you. Are
you just trying to ensure your credit standing? Or are you trying to ****
him out of everything he's aquired either jointly or on his own? Who wants
to leave who? If you are leaving, then you should forego any rights and give
up everything to him. And before you call me biased, If It's him who's
leaving the same applies.

On 3 Mar 2007 09:49:13 -0800, wrote:

Here's my situation:
I'm currently going through a divorce and live in the house with our
two children. Both of our names are on the title, but only his is on
the mortgage loan. With my half of his pension plan earnings during
the time we were married, the back child support he already owes me,
and giving up the right to any alimony, I could successfully "buy out"
his half of the house so that I could remain in it with our children,
rather than have to sell.
We have combined debt of around $70,000 that I would take care of in
the refinance process.
The problem is, there is currently a $110,000 lien on the house due to
his child support arrearages for his son that he has with another
woman.
So how does the lien get paid off?
If he sells me the house for $1 in exchange for what he owes me, I
refinance into my name alone, where does the lien go? I don't have to
refinance an extra $110,000 do I??

Generally, a lien on property is a right to be paid first. For
example, a home sells for $200,000 and there is a lien on it for
$150,000. The lien holder must be satisfied first and the seller will
get the remaining $50,000. I am not sure, but I THINK that the
property must be sold for enough to satisfy the lien or the sale
cannot happen... either that or the lien holder acquires the property.

All in all, though, the lien must be satisfied in order for you to
become the owner of the property.
Beverly

Oops. Look like "for the child" benefits got to another child before it got
to yours. Funny when the child support laws screw the other way, isn't it?

wrote in message
ups.com...
Here's my situation:
I'm currently going through a divorce and live in the house with our
two children. Both of our names are on the title, but only his is on
the mortgage loan. With my half of his pension plan earnings during
the time we were married, the back child support he already owes me,
and giving up the right to any alimony, I could successfully "buy out"
his half of the house so that I could remain in it with our children,
rather than have to sell.
We have combined debt of around $70,000 that I would take care of in
the refinance process.
The problem is, there is currently a $110,000 lien on the house due to
his child support arrearages for his son that he has with another
woman.
So how does the lien get paid off?
If he sells me the house for $1 in exchange for what he owes me, I
refinance into my name alone, where does the lien go? I don't have to
refinance an extra $110,000 do I??



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