Legal Question in Family Law in Georgia

Can she seize my wife's house

Previous marriage child support, both children over 18 now. Collection Agency calling me to collect past due support says they will seize my current home. I live in a house that is owned by my wife only, but was purchased by her during our marriage - she is the breadwinner. Would it be possible for them to seize or lien the house? Would a quit claim preclude any seizure or lien?


Asked on 2/09/04, 6:37 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Can she seize my wife's house

The collection agency has even less rights than your ex. They can't, e.g., file against your for contempt but she can. At any rate, neither they nor she can attach your wife's house or any other of her assets. However, be wary of a garnishment. I would advise you to consult with a local attorney.

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Answered on 2/10/04, 10:00 am
Phillip A. Strickland Law Offices

Re: Can she seize my wife's house

It would seem at this point that you stand as a judgment-debtor in relation to the mother of your child. And the agency is just that a collection agency wanting to collect on a past due bill. So I would further assume, like other collection agencies, they are apt to say anything required to get payment. Absent fraud or similar conduct on your part to hise assets, then they could not proceed against the house if your wife possesses legal title in her name. The agency [and the mother] does, however, have all the same rights as any other judgment-creditor would have in Georgia, plus others remedies based on the nature of debt--contempt of court springs to mind. I suggest that you attempt to come to some type of settlement regarding the past due support before they attempt further action. Best of luck. PAS

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Answered on 2/09/04, 7:19 pm


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