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Can quickclaim save house from bankruptcy or suing?

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Icon Mini Profile ljr51974



Joined: 08 Sep 2007

Posts: 2



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PostPosted: Sat Sep 08, 2007 9:00 pm    Post subject: Can quickclaim save house from bankruptcy or suing?

My husband may have to declare bankruptcy in a few months and is in a legal case where he is being sued.. can we quick claim the title to my name only and protect it from bankruptcy or in case they try to put a lein on the house? Thanks for the info.
 
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Icon Mini Profile larry



Joined: 27 Jun 2007

Posts: 3328



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PostPosted: Sun Sep 09, 2007 8:26 pm    Post subject:

Hi Ljr,

Welcome to the forum.

Your husband can quitclaim the property in your name. But it will not prove much useful as in that case, you may be sued under State Fraudulent Transfer laws. You may be sued up to 4 years after transfer of the property is done.
 
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Lori

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PostPosted: Mon Sep 10, 2007 6:14 am    Post subject:

can i be sued if this quit claim is preparation for a divorce?
Thanks!
 
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Icon Mini Profile carnahandavid
carnahandavid


Joined: 21 Dec 2006

Posts: 239



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PostPosted: Mon Sep 10, 2007 12:57 pm    Post subject:

Quote:
can i be sued if this quit claim is preparation for a divorce?
Thanks!


When divorce proceedings starts, court decides how the property will be divided and the divorce judgment states the details of property division.

But you should contact an attorney to know if it would be allowed to quit claim the house and not considered as fraudulent transfer.

It is likely though that attorney would also agree that the transfer would be considered as fraudulent even if it is in preparation for the divorce.
 
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