Can I file a quitclaim deed in order to avoid a judgment?

UPDATED: Apr 26, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 26, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file a quitclaim deed in order to avoid a judgment?

I co-own a house with a friend free and clear. I am being harassed on a old debt (12 +years old). They got a judgement almost 10 years ago in a different jurisdiction; it expires in about a year. A second judgement was granted but does not stipulate a specific address. It states should I sell “any” property in that jurisdiction they would claim their share. This debt has been sold a few times and I believe the current “owners” are using this as a collection tactic. Can I quit claim my rights to the property and stay within the letter of the law?

Asked on April 26, 2011 under Bankruptcy Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, no, you can not.  What you would be doing is transferring the property in order to avoid creditors.  Such a transfer could seek to be set aside by the judgement creditor as fraudulent and that could get you in to a whole heap of other trouble.  It might  be time to bite the bullet, so to speak, and to deal with the old judgement.  It will be following you forever and that is not something you want to deal with.  Call and fact the music.  See about settling the debt once and for all.  Take out a personal loan or what ever you need to do. Get help if you need it.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption