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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Ex husband and new wife bought a house in 10/2007; they then

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Ex husband and new wife bought a house in 10/2007; they then did a Interspousal Transfer (aka Quick Claim Deed) to remove his name from the house so the creditor (Dept. of Child Support Services), can't come after him. I read that doing this to avoid any creditors is fraud. I have told DCSS about this and they don't do anything about it. Can something be done since a fraud has been committed? To date, he owes $29k in child support.
Submitted: 7 years ago.
Category: Family Law
Expert:  Lady Themis replied 7 years ago.

Thank you for your question.

 

You are correct that a transfer of this nature can be considered an attempt to defraud creditors. If the court finds it to be a fraudulent transfer, the transfer can be voided, thus putting title back into your ex husband's name so that you can put a lien on his house for back child support. Unfortunately, if the Dept. of Child Support Services won't do anything about this, the only other way is to hire a private attorney to have the transfer invalidated. I do not recommend doing this yourself, as it will entail complicated motions and briefs to be filed with the court.

 

Keep in mind that once the property is transferred back into his name, you will only have a lien against his portion of the equity in the home. That means that, if the property is sold or refinanced at some point, you will be paid from his half of the proceeds after all mortgages and taxes are paid off first. Therefore, the process of getting the property back into his name may not be worthwhile for you.

 

Best of luck to you.

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