Legal Question in Family Law in California

Property

My fiancee has/had a property lien filed with the district attorneys office on property jointly owned by her ex-husband and his sister, for back child support. We were content to wait until they tried to sell or refinance the property to staify the lien. We have been tracking who the county showed as the owner of the property on a monthly basis. about a month ago we found that his name was removed from the property and it appears they transfered ownership solely under his sister's name. What recourse do we have?


Asked on 1/02/03, 4:42 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Property

This is more of a collection/real property question than family law, but here are some thoughts.

If the lien was placed on the property when the ex's name was shown as a title holder, then the sister takes his share subject to the lien. For example, if the two of them found a buyer willing to take the property with the lien, they could sell to the buyer but the lien would still be there.

There are also issues related to the Fraudulent Conveyences Act.

You might be better off retaining counsel to foreclose on the lien and get it over with.

Read more
Answered on 1/02/03, 4:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California