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, 2013

Can 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?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
No not without they're agreement the other option would be do file 4 chapter 7 bankruptcy protection that way you force them into agreement.
Answer Applies to: New York
Replied: 4/29/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Each state has different laws, so there is no way to advise you what is best. Before doing anything you really need to talk to an attorney licensed in the state where you live.
Answer Applies to: Arizona
Replied: 4/29/2013
James T. Weiner & Associates, P.C.
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
Replied: 4/28/2013
Hunter Law Office
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
Replied: 4/28/2013
J. Norman Stark, Attorney & Reg. Architect | J. NORMAN STARK, ATTORNEY
Contact and retain an experienced Attorney to assist, advise and protect your interests. The credit card people are clever devils.
Answer Applies to: Ohio
Replied: 4/28/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, a quitclaim deed is without consideration and would be easy to prove to a judge that you were just avoiding creditors.
    Answer Applies to: New York
    Replied: 4/28/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can quitclaim the home at any time. However, it will remain subject to any liens that were recorded before the quitclaim deed. Additionally, creditors may attempt to set aside the quitclaim deed.
    Answer Applies to: Nevada
    Replied: 4/28/2013
    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
    Replied: 4/28/2013
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    No you can't. That will be deemed as a fraudulent conveyance by the Court.
    Answer Applies to: California
    Replied: 4/26/2013
    Harris, Yug & Ohlinger
    Harris, Yug & Ohlinger | Roberta Ohlinger-Johnson
    In Nevada we call that a fraudulent transfer. In Nevada, your house would still be community property by law, and a creditor may lien your interest.
    Answer Applies to: Nevada
    Replied: 4/26/2013
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