Q: My ex husband is $10,000 behind he recently bought a home. Can his home be a seized asset?
He’s is undocumented but is legally married to a us citizen. His name is on the deed for the house they got together. He makes $13 or $40 sometimes $100 payments when ever he wants. What can I do to get him to pay the $10,000?
A: No. His home is exempt from execution. His wages can be garnished for unpaid child support, however.
A:
In Texas, a residence which is a person's "homestead" is exempt from seizure. If the new home is a second house, and not a homestead, then the homestead exemption does not apply to that property.
You don't say what he's behind on. If it's child support, you can have him prosecuted for contempt. Check with the Texas Attorney General's Office Child Support Division for assistance. Usually the prospect of spending 6 months in jail for child support non-payment provides a great incentive for him to come up with some lump sum payment toward his arrearage plus a new commitment to get back on schedule for monthly payments plus an extra amount each month to be paid to work down whatever arrearage remains after the original lump sum payment. There are no guarantees, but if you qualify, it costs you nothing for the Attorney General's lawyers to help get him on track paying his court-ordered support.
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