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    brentles's Avatar
    brentles Posts: 5, Reputation: 1
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    #1

    Jan 20, 2009, 04:52 AM
    House under threat, protected in divorce?
    I'm separated from my wife, and we are discussing getting divorced. Now a lawsuit due to a past fire has appeared out of the blue, and I find myself being sued. I want to protect my house from being seized and sold if I lose the court case, and let my wife come away from the marriage taken care of.

    If I transfer the house into her name as part of the divorce settlement, will it be safe from my (potential) creditors?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 20, 2009, 06:51 AM

    Perhaps not, if the law suit is already filed prior to the transfer of property.

    Is the house in both names, and would the house have went to her in divorce anyway.

    If I was the lawyer for the people that have the law suit, I would try and prove you did this merely to hide the property and ask a judge to put include it in law suit.

    So it all depends on how good your lawyer is, and how good thiers is, and some speicif rules in your local location

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