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Property Writ

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  • Property Writ

    Well my ex has placed a writ on my property for the NFP awarded her and a share of the court costs, but now the FRO has stepped in and are putting a writ on my property. Both writs total more than the equity I have in the property. So this places me in a dilemma because I don't mind satisfying the writs after all the mortgage taxes lawyer and real estate fees are taken care of but I can't afford it unless they just wait their turn. So does this complicate the sale of the property? Are the writs satisfied first? Can't afford to sell, can't afford to stay because of the support payment.? ANybody have any knowledge on this?

    Thanks and all the best,

  • #2
    If a support payor attempts to sell or refinance a
    property, the writ will require the support payor to
    use any profit to pay the support arrears.
    A writ may also be used to require the sheriff to seize and sell property to pay
    support arrears. A writ will stay in effect until it is withdrawn. It does not automatically
    expire. A writ must be withdrawn when support arrears are paid in full or
    upon receipt of a solicitor’s undertaking to pay the arrears in full. Seizure and sale of a support payor’s property would only take place after the
    FRO has considered all of the following:
    • That significant arrears are outstanding
    • There is a sizable value to the assets
    • The defaulting payor is confirmed as the owner of the property or assets
    being seized
    • Other enforcement actions to recover the outstanding arrears have been
    unsuccessful. There is no guarantee that money will be received by the FRO. A writ is filed to ensure
    that any profits from a real estate or refinancing transaction are used to pay off debts.
    Although the enforcement of support orders has a priority over other unsecured debts
    (e.g., a loan that is not tied to any property, like a credit card), there may be no money
    remaining after secured debts are paid (for example a loan that is tied to property, like a

    This should not interfere with the actual sale of the home, although the buyers may be a little cautious when considering a purchase if they are not properly represented by a lawyer or real-estate agent.


    • #3
      Hi Mcb,

      I echo what FL has mentioned and additionally the current circumstance says significant about your ex and the type of person they really are.

      I am a big believer of karma; What goes around does indeed come around.

      If you like to discus something in confidence, email me at:

      A few lurkers have taken it upon themselves to create on line hate propaganda to support their cause and movement.



      • #4

        I just want to say thanks, I'm sure many here echo my gratitude for your unbiased opinions and perpetual help. Thanks


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