My fiancé and I are trying to buy a house but he owes back child support arrears which he is currently paying. He owes a total of 30k for two kids in back arrears.. can we still buy a house and not have the court system take away our house?
More likely they will put a lien on the house. You can try putting the house in your sole name.
Your fiance should not have the house in his name. The Court could put a lien on the house, but that is about it. With that kind of child support debt, no lender will give you both a mortgage.
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If child support is being paid through probation, then any arrears are on record as a judgment lien. At the time of any closing, title searches are run and, if any buyer/seller has unsatisfied judgments, they MUST be paid off in order to close. Otherwise, the closing will not take place. If you are able to qualify for the mortgage on your own without using your fiance's income information, then you can buy the house in your own name. But, if you don't qualify, most likely, the bank will now permit the Deed to be in your name only, while the mortgage is in both names.
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