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In the state of California, are property tax liens paid before child support arrears from escrow on the sale of a home?

Redwood City, CA |

My ex-husband owes more than 110k in child support arrears and is losing his paid for home due to tax liens (valued at approx. $100k). He is offering me 50% of the proceeds of the sale to forgive the arrears. Will tax liens be paid first? I'm trying to get a true idea of the amount I will receive to determine my decision. I may never have this opportunity to receive payment again.

Attorney Answers 1


I believe you come in second, unless your liens were recorded first then you may have a chance. But generally laws are witten to protect the government (king, ruler) first. I would not settle, I would make sure the lien is recorded and that the escrow company is notified!

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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