Legal Question in Real Estate Law in California
purchasing a house with back due child support
My husband and I are buying a house together under unique circumstances. We won't be ''legally'' married (again) until we file taxes together this tax season(common law in Utah). He makes 90% of the money but is paying back child support that has formed a judgment against him which creates a loan problem. I have the credit and he makes the money. What do we do? Do we need to refinance under my name to avoid loosing the house to back child support and how do we go about that?
For the last 7 months, both of our names have been on the loan (from a family member), which will expire in 2 years and 3 months. We already have a warranty deed in both our names and we have received a tax notice, which is supposed to be covered in the house payment that we make monthly. Now her lawyer says we should sit on it until a solution can be found.
Can they pull the original refinance mortage's if she makes a change like this?
The owner did us a favor that will gain her $20,000 profit, in the end, but her motgage company does'nt know about the transaction and we have to find a solution real soon. There are a few more details that may help but we are limited on space in this email. A response/questions would be very appreciated.
Thank you,
3 Answers from Attorneys
Re: purchasing a house with back due child support
I am a California attorney and you are discussing, presumably, property and actions in the state of Utah. In California (and likely Utah would have similar laws) what you are planning on doing is in defraud of creditors, i.e., you are trying to acquire property and to avoid outstanding monetary obligatons to do so, and/or are obtaining credit or a loan without being honest with the lender (false statements to a lender constitute loan fraud and can be prosecuted criminally). In California, anyone who assists you in trying to avoid a debt or arrange for the extension of credit based upon false statements or failure to disclose, could also be civilly liable as a co-conspirator. You should arrange to make payments to satisfy the outstanding child support.
Re: purchasing a house with back due child support
Your question is probably the MOST confusing I've seen after answering 2000+ LawGuru questions over five years. I would be willing to try to give some advice, but each sentence of your question deserves a paragraph of explanation. Among other questions, do you now own this house, or are you just negotiating to buy it? When you say "married (again)" do you mean you were previously formally married?
How much is the child-support judgment? Maybe you should consider paying it, since it will be a constant nag in the future.
Send me detailed facts and I'll try (no promises) to give you a cogent and useful reply.
Re: purchasing a house with back due child support
Ok, you can contact me. You just need to transfer title and pull some equity, I think. I'll refer you to my broker, she can probably help. Your fiance will have to pay off the back child support/liens from the property from the sale.
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