Legal Question in Real Estate Law in California

Will We loose all of the $ from the sell of our home to back child support?

My husband (11 years)had a stroke 1 yr ago. He use to handle all of our money and bills. When I took over this responseability I found out a few secrets he was keeping from me. #1. That he owes nearly $80,000 in back child support payments to the State of Ca.. #2. He also owes $2,000 in Federal taxes. I am very upset about this because, we now need to sell our home and move into my son's home. We need my son and his wife to help take care of my husband whose unable to work now and for me (I have progressive M.S.). My question is: When we sell our home, will the State of Ca. and the IRS have a claim against the money we will receive from the sell? We need the money to add a room on my son's home for my husband and I. This home is the only thing of value we own. I contacted the Child Support office and have been making a small monthly payment to them for the past year. But, if I sell my home and these two agencys take the money they are owed, we will have nothing left. Please advise me on my rights. I want to do what is right and not have to worry about anyone coming around later demanding the money from that sell. Thank out for your help.


Asked on 8/29/05, 6:24 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Will We loose all of the $ from the sell of our home to back child support?

The IRS and the State of California can only take the proceeds if they have actually filed liens against you home. Your post does not specify if they have actually filed liens yet.

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Answered on 8/29/05, 6:36 pm


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