Can a lien be enforced if property is quitclaimed after lien is filed?
My house has a lien for my husband’s child support arrearage. I filed for separation and the house was quit claimed to me after the lien was filed. If I sell or refinance will his arrearage be taken from the proceeds even if the house is in my name alone?
Re: Can a lien be enforced if property is quitclaimed after lien is filed?
Yes. The recording of the child support judgment resulting to it attaching to the property. The quit claim deed was recorded after the judgement was recorded. You received the property subject to all liens that were attached to the property at the time the quit claim was recorded. Not only will you pay the unpaid child support, but you will also pay the 10% interest that is accruing on it.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
San Jose, CA 95112