Legal Question in Real Estate Law in Texas

My father owes over $20,000 in child support. My father will inherited land from the death of his mother. Would the state of Texas take that land from my father to satisfy what my father owes in child support? Or would my mother (who is owed the child support) have to file something in the state of Texas after my father inherits the land to try and collect?

The reason why I ask this question is I'm about to put a house on my grandmothers land, which will be my fathers in the event of her death. I want to make sure my property is not in jeopardy from my father owing in child support.


Asked on 7/11/10, 5:16 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Where is your mother while all of this is going on?

She should record a child support lien NOW in the county where the land is located (the land where your father is about to inherit real property).

Forget about what the state of Texas might do - your Mom (the person to whom the child support is owed) needs to take action. It's her money, not theirs.

If you put a house on somebody else's land, it becomes part of the real estate (in other words, there's no separate ownership of the HOUSE apart from ownership of the LAND).

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Answered on 7/12/10, 5:36 am
Cheryl Rivera Smith The Smith Law Firm

You should never put a house on land that is not yours. Maybe you can buy the land from your father and he can pay off the child support lien?

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Answered on 7/13/10, 6:42 am


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