Can I legally quitclaim to my husband to avoid future creditors from attaching a lien to our jointly owned house? 10 Answers as of April 29, 2013Can I legally stop future attempts of creditors, past credit card debts that are now in collections, to place judgement liens on our jointly owned house by quitclaim of the deed to my husband's name? I currently have a lien on the house from a judgement from a creditor and have negotiated a settlement with the creditors attorney. It will take a while for them to remove the lien. In the mean time, can I currently quitclaim the deed to my husband to stop any other collection creditors from placing any additional liens on the house or do I have to wait until the current lien is removed?
James T. Weiner & Associates, P.C. | James T. Weiner
In MICHIGAN if the house is in both of your name a creditor should not lien the house unless it is a judgment from a JOINT CREDITOR, i.e. the judgment is against both of you (that is unless sit is a governmental lien so). because houses that are held jointly by a husband and wife are held as an entirety. If the judgment is against both of you quit claiming it to him will do nothing but make it easier to get the house Get yourself a good attorney.
Answer Applies to: Michigan
Hunter Law Office | Rachel Lea Hunter
Why would you do this? The house is protected as long as it is owned as a tenancy by the entireties, i.e., its owned you and your husband as husband and wife. If you have a judgment lien already then you cannot dispose of assets for the purpose of defrauding your creditors. That is a fraudulent conveyance. Judgments automatically become liens against the real property if this is NC. Not all states are like this though. The lien attaches to any real property that you own and if you try to convey or sell it the lien will follow so I don't quite see what you are getting out of this. If you are in NC, please consult with myself or another attorney before you do something drastic that is going to end up having negative consequences.
Answer Applies to: North Carolina
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Property transfers for the purpose of avoiding known liabilities may be subject to being set aside as fraudulent conveyances if not made for fair market value. If this problem did not exist, a tenancy by the entireties is preferable.
Answer Applies to: Illinois