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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118237
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We just found out that my husband owes $55,000.00 in past

Customer Question

We just found out that my husband owes $55,000.00 in past child support. 9 Years ago, while married we sold the home that I bought before we were married and I put the equity from that home down on the home we currently live in with our 14 year old daughter. I financed the home by myself, my husband is not on the financing. I have made all payments from my personal checking account, my husband has made no payments on the home. We live in Wisconsin so his name is ***** ***** be on the deed. Can the child support agency put a lien on my home?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you took your separate property and purchased another separate property, you did not convert it to community property and you pay for it with your separate account, then the house should be your separate property and not his property or community property. The problem is that you should have had him sign a waiver of spousal interest when buying the house and he should not be on the deed. At this point, what you need to do is 1) you should both sign a post nuptial contract agreement creating a separate property regime and 2) he needs to file a waiver of spousal interest where he acknowledges the house is your separate property together with a quit claim deed removing him from the house.
An alternative is you putting the house into an irrevocable trust immediately, which would protect it from all creditors, your creditors or his, and would allow you to decide what happens to the house.
Either way, you need to sit with a local attorney to get him off that deed, because as long as his name is ***** ***** deed, he is considered a joint owner and that means they can put a lien on the home just because his name is ***** *****