Q: I have a child support lien attached to my homestead property in Texas. How do I get it removed?
I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the court.
Recently, I applied to refinance my home (the homestead property) and was notified by my mortgage company of this existing lien and my requirement to pay it off with any funds from my refi loan.
Isn't it against the law to attach this sort of lien against a homestead in Texas? I have previously obtained a refi loan (post-divorce) and the lien never came up in that application process. So, isn't there a way to get it released/removed now - especially after 15 years?
A:
If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the homeowner to assert that the property in question is indeed their homestead, thereby negating the lien's effect on that property.
Schedule a free consultation to make sure your homestead rights are protected.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
