Full question:
If a Father has a writ served for back child support, can they seize property, etc., even if the items are co-owned by Father & second wife as her name is on property also.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: National
Answer:
Yes, it is possible for jointly owned assets to be seized to satisfy one owner's debt for back child support. A lien can be placed on the property, which would be effective for the debtor's equity interest, up to the amount owed in support arrears. For example, if a house is jointly titled, it may be sold, and the proceeds can be used to pay the child support debt, limited to the debtor's ownership interest.
Married couples can own property as 'tenants by the entireties.' This form of ownership protects the property from being claimed by a spouse's separate creditors due to a legal principle known as 'marital unity.' However, this protection does not apply to the Internal Revenue Service, as determined by the Supreme Court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.