Legal Question in Real Estate Law in Virginia
Sale of property with child support lien
My husband and I are selling our property which child support has a lien on for
child support he owes from a previous marriage. The property is in his and my
name together. Can the child support take my half of the proceeds from sale
to satisfy the lien?
2 Answers from Attorneys
Re: Sale of property with child support lien
It depends how the property is titled. Generally not, and the lien may not attach at all if the property is owned by the entireties. See a lawyer who can look at all of the details.
Re: Sale of property with child support lien
As the former District Administrator for the Division of Child Support Enforcement (DCSE)in Northern Virginia, I can tell you that the child support lien attaches and encumbers the sale of the property even when it is held by the entireties, but this lien cannot force the sale of the property if the support debt is owed by only one of the spouses.
However, when and if the property is sold, any proceeds which are designated for the debtor spouse must first go to satisfy the child support lien before the sale of the property can be completed. The proceeds owed the other non-debtor spouse would be paid over to her and no part of these monies would be used to satisfy the lien.
The above remedy explains why DCSE routinely files
liens against properties held by the entireties
but where the debt is owed only by one of the spouses.
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