Legal Question in Real Estate Law in California

Child Support Liens

My husband and I bought a home in 2000, in 2003 he quit claimed the house to me. In 2004 I refinanced the house and it is in my name only. In order to refinance I had to pay off child support arrears. I have now receieved notice that the mother of my steo-son wants to go after the house for more arrears. She is stating ''Fraudulent Conveyance, Quiet Title, Declaratory Relief, and Intenetional Interference with Economic Expectation.'' Can she get a lien against the house now that the house in only in my name?


Asked on 1/29/05, 2:53 pm

5 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Child Support Liens

You will need to fight her in Court.

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Answered on 1/29/05, 2:57 pm
Larry Rothman Larry Rothman & Associates

Re: Child Support Liens

You will have to defend against the fraudulent tranfer allegations. Our firm can assist you in helping you put together the documentation necessary to defend the case. Our firm handles cases throughout California. Please contact us at 714 363 0220 if you need any assistance.

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Answered on 1/29/05, 3:02 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Child Support Liens

I just fought a case very similar to this with success. It is difficult and you should be concerned. They will seek to place a lis pendens on the property -- this can happen fast. You should defend this case and possibly cross-complain. You may contact me.

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Answered on 1/29/05, 4:10 pm
Judith Deming Deming & Associates

Re: Child Support Liens

The causes of action in the complaint indicate that the your husband's ex is seeking to set-aside the transfer from your husband to you alone, and contends that the transfer was made in order for your husband to avoid payment of his debts and obligations. There are laws which prohibit transferring your assets if the intent is to hide them from creditors, etc. Do not ignore this; you need to see an attorney and defend the action.

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Answered on 1/31/05, 12:00 am
Daniel Harrison Berger Harrison, APC

Re: Child Support Liens

If the property was quit claimed to you for zero or little payment, or it was quit claimed to you in order to avoid a creditor (like someone who is owed child support), then the transfer of the property was a fraudulent transfer. If so, the creditor (mother of step son) can void the quit claim deed and obtain a lien on the property. Of course, she needs a judgment first. You should consult an attorney early in the litigation stage. Don't speak to the plaintiff as everything you say is an admission. Give us a call. The call is free.

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Answered on 1/29/05, 10:45 pm


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