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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a person in Jail has a house and still has a mortgage on

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If a person in Jail has a house and still has a mortgage on it and the company that that person is buying it from says that the type of mortgage they have can not be signed over to someone else, is there any way that the inmate can give the house to a parent so that the inmate will not loose the house to the State as the inmate owes a small amount of child support and I heard that the State can take the house to pay for the child support owing.The inmate does not have any other form of money.The inmate is in Las Vegas,Nevada.The inmate is expected to be in Jail for quite a few years.

Thank you for your question. Please permit me to assist you with your concerns.

Inmates and free citizens have exactly the same rights when it comes to their personal property or real property. Neither is afforded special privileges nor are those privileges taken away. For example an inmate, if he can afford it, can hire someone to manage his properties, as can a free citizen who is not incarcerated. An inmate can always sign a 'quit claim' deed and transfer the interest he owns in the property to someone else. But just like anyone who has any sort of an outside interest or a mortgage, he cannot transfer actual ownership until he pays off the mortgage and removes that lien. The whole point of a mortgage is to deny the owner of the property the right to transfer ownership to someone else without first paying off the debt. In this case the inmate has to either pay off the debt if he can, contact the lender to refinance, or contact them to release the interest, which would then permit him to likewise get rid of the debt. Anything beyond that keeps the property under his name and something he would not be able to transfer to an another.

Hope that helps.

Dimitry K., Esq. and other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your answer.Can the state of Nevada do anything with the inmates house to get the oweing child support? or maybe a Judge could or even the child support office? I was told that the state could put a lien on the house and when the mortgage is paid up they would get their money for the child support, it would be a long time until the mortgage will be paid up. Is there any other way that the State or a Judge could get the owed money from the house?

Thank you for your follow-up and you are most welcome.

That very much depends. Is the other parent seeking a judgment for support at this time?
Customer: replied 4 years ago.

When this case first started the other parent signed a form to say they did not want any child support from the now inmate. The inmate could not have paid it anyway as there was no money available to pay for it. But I don't know if the "free" parent has changed their mind as I think the form was for one year.

Thank you for your follow-up.

Such a form would be unenforceable anyways as the right to collect support cannot be waived--that money is for the child, it is not owed to the other parent (although the result is often somewhat different).

Typically the state would not pursue the property unless the other parent pursues motions and places a lien against the property. The state would rarely pursue this on their own as they are technically representing the parent and not their own interests. But what you have been told is correct, they can place a lien and then seek a means to execute the lien and go after the equity on the property.

Good luck.

My apologies but may I ask why you rated my answer as 'poor'? What specifically did I fail to answer for you? Please advise!