We are purchasing a home. Can husband's outstanding credit card debt & child support issues get a lien put on the home?

Asked over 1 year ago - Plano, TX

The outstanding debt is about $3000-$4000 and want to work on paying that off with creditors. There is a child support order for current and past payments that are being made. Although they are sometimes made late, but they are made within the month. Can a lien be put on our home due to either issue? If so, under what scenario would that occur? Would mortgage holder be notified? Would it be best not to have him listed on the title and just myself? My credit isn't great, but I do not have debt which creditors are seeking payment. Looking for answers on how the child support issues and creditors seeking payment will effect title of house and possible liens, or other possible problems.

Attorney answers (3)

  1. Dana E. Wilkinson

    Contributor Level 3

    1

    Best Answer
    chosen by asker

    Answered . In general, any kind of debt that is in default can lead to a civil judgment, and a civil judgment can become a lien on real property. I would not expect that to happen, however, unless and until the debts are seriously delinquent--more than 90 days with credit card debts as a rule of thumb. In the event that a judgment was filed before you close on the purchase of your house, that would almost certainly cause problems with your purchase. After you own the home, the bigger concern about judgments is that they will make it harder (or impossible) to sell or refinance the home without dealing with the judgment. And it is always a good idea to run this kind of question by an attorney in your jurisdiction, because there can be nuances that differ state to state.

  2. Henry Carlton Rothrock

    Contributor Level 8

    Answered . Texas is a community property state so you should consult with a local attorney rather than trying get general information on Avvo. The fact that you don't list your husband on a title does not mean your property is protected. As my colleague stated, however, if you are only one month behind on your debts, it is unlikely your creditors will take the drastic step of suing you, getting the judgment, and recording a lien.

  3. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    Answered . Lien is not proper for unsecured debt on your homestead nor is it proper for child support. Child support can get retirement but not homestead. Both creditors can file liens but it does not attach to the homestead, although it will cloud title and you may have to get a release should you sell the property

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