My question involves court procedures for the state of: Idaho
My husband’s ex-wife owes $130K+ for embezzlement, which she admitted too and apologized for. Originally, she received court ordered restitution which was converted to a civil judgement. The defendant placed a lien on our home for the judgement amountshortly after sentencing. The down-payment for the home purchase was my husbands’ inheritance and he has continued to make mortgage payments since 2011 when she went to prison. They divorced in 2012 and my husband was awarded the home, which she quick deeded to him. The ex-wife has remarried, works full-time and gets paid half her wages in cash lowing her income record, filed for bankruptcy to withdraw her interest in the home, lied on her bankruptcy claiming full custody of their daughter, has remarried and is living a high-on-the-hog lifestyle. Her and her new husband have done everything possible to protect themselves from being responsible for her criminal debt – all property has been refinanced and recorded as his sole property, etc. The defendant is now ordering our home to be auctioned through a non-judicial foreclosure as the ex-wife is not paying her restitution. Can they force an auction of the home - which will result in my husband paying HER criminal debt?
My husband’s ex-wife owes $130K+ for embezzlement, which she admitted too and apologized for. Originally, she received court ordered restitution which was converted to a civil judgement. The defendant placed a lien on our home for the judgement amountshortly after sentencing. The down-payment for the home purchase was my husbands’ inheritance and he has continued to make mortgage payments since 2011 when she went to prison. They divorced in 2012 and my husband was awarded the home, which she quick deeded to him. The ex-wife has remarried, works full-time and gets paid half her wages in cash lowing her income record, filed for bankruptcy to withdraw her interest in the home, lied on her bankruptcy claiming full custody of their daughter, has remarried and is living a high-on-the-hog lifestyle. Her and her new husband have done everything possible to protect themselves from being responsible for her criminal debt – all property has been refinanced and recorded as his sole property, etc. The defendant is now ordering our home to be auctioned through a non-judicial foreclosure as the ex-wife is not paying her restitution. Can they force an auction of the home - which will result in my husband paying HER criminal debt?
Judgment Liens: Spousal Responsibility for Criminal Restitution
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