Legal Question in Credit and Debt Law in Pennsylvania

Can I safely buy a house, or will my wife-to-be possibly lose it?

I owe back child support in Ca, I have been here in nj 2yrs.I need to know if i remarry, can I safely buy a house. I have a strong construction background, and can affordibly buy a fixer-uper, (40-60k), preferably in pennsylvania.

However, whether in New Jersey or Pennsylvania, if I put it in my/our name, will my wife's portion of ownership be in jeapordy. California can't penalize her for a debt I owe, can they? They can't attach her wages/income, like they used to years ago, and they?

Can I put it in her name and pay her rent? If so, can one of her relatives make a claim against the house at any future time, or will i have ownership rights only if stated clearly in a will?

I will be the primary wage earner. I would prefer to have it in both our names, but don't care if it is in her name.

I don't want to be ''sneaky'', I just want a solution, and if i buy a house, and fix it up, i don't want it taken away. I will be clear of my back support in about 5 years.

Thank you very much for your time and attention


Asked on 10/14/04, 8:19 am

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Can I safely buy a house, or will my wife-to-be possibly lose it?

If you are getting a mortgage, the owed support will come out and the motgage company may balk . If your buying outright, I would suggest wife purchase and you obtain option from her to purchase half in 5 years.When the support is finished title can be transferd as you wish. i offer free consultations.

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Answered on 10/14/04, 4:03 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Can I safely buy a house, or will my wife-to-be possibly lose it?

If you are under a court order to pay child support, you do not dispute the validity of that order, and are behind on your child support, then you have a legal obligation to pay the arrearage and get up to date.

Apparently, your objective is to deliberately avoid paying the child support that you owe. This is something that I personally cannot endorse, and it may well be unethical for an attorney to assist you in doing (e.g. deliberately evading child support obligation with no legal or factual justification to do so).

Conceivably, even if you were to buy a home in NJ and put it in your wife's name, the asset could be attacked based on a claim that you were attempting to deliberately defraud the California court. I do not know who would be the one to actually bring this claim; however, the possibility is certainly implied by your question. If you commit deliberate fraud, do not assume any of your property is safe, regardless of how it is titled.

Since you don't want to be "sneaky" (as you say), you just want a "solution", I will give you a "non-sneaky solution".

Pay the child support that you owe.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/14/04, 4:44 pm


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