Child support question

Question

I have a house that was inherited but I owe child support, but it’s not just inherit to me, it was also inherited to my sister my mom left it to both of her kids which is me and my sister my sister doesn’t have any child support issues. It’s just me. can child support still come for the house in Texas.. I would understand if it was just inherited to me, if child support came for it. but we don’t plan on selling. Also, my kids are over 25 years old.

Answer 1

A judgment lien for child support would attach to your interest in the house, but not to your sister's interest in the house. Your interest in the house could still be foreclosed upon, but the successful bidder at a foreclosure sale would be a 50-50 owner of the house with your sister. If the successful bidder at the foreclosure sale bid more than your child support debt, the balance of the amount bid at the foreclosure sale would be given to you in cash.

The successful bidder at the foreclosure sale could then bring a partition action to have the house sold, with half of the proceeds distributed to your sister, and half to the successful bidder at the foreclosure sale.

Or anyway, that is what would happen in almost every state except Texas, and it is also what would happen in Texas if the house is an investment property that neither you nor your sister's family live in. In Texas, if you or your sister or both of you lived in the house, it would be eligible for an unlimited homestead exemption and a foreclosure on a judgment lien wouldn't be a remedy available to the child support creditor.