How does seizure and sale of a payor's home work if support arrears remain unpaid?
Forcing the sale of a payor's home over support arrears generally involves registering a lien or writ against the property, then, if the debt still isn't resolved, pursuing the further steps needed to have the property seized and sold through the sheriff's office, with proceeds applied to the outstanding arrears. This is a significant step reserved for situations where other enforcement tools, such as garnishment or licence suspension, haven't resolved a substantial, persistent default, rather than something pursued for a modest or recent shortfall.
Where the property in question is a matrimonial home, or is jointly owned with someone other than the payor, the process can become more complicated, since other people's interests in the property need to be respected and accounted for before a sale can proceed. Because forcing a home sale intersects with property law as well as family law enforcement, and because the payor and any co-owners have rights that need to be properly addressed, this is an area where both recipients considering this step and payors facing it should get legal advice specific to the property and ownership situation involved.
Key takeaways
- Seizure and sale of a home starts with registering a lien or writ, then proceeding through the sheriff's office if unresolved.
- This step is reserved for substantial, persistent arrears rather than a modest or recent shortfall.
- A matrimonial home or jointly owned property adds complexity, since other owners' interests must be respected.
- Get legal advice specific to the property involved before pursuing or responding to this kind of enforcement.