If a couple are both listed as owners on their property, would placing everything in the wife’s name protect herand theproperty if the husband was sued?

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If a couple are both listed as owners on their property, would placing everything in the wife’s name protect herand theproperty if the husband was sued?

Asked on April 7, 2011 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is probably not, if the plaintiff(s) or creditor(s) suing have any reason to think--and believe they can show--that the transfer of ownership or title was made specifically to defraud creditors. The courts have the power to set aside transactions that were made for fraudulent intent or to keep from paying legal obligations. If property was jointly owned by two spouses, but was suddenly placed all in the wife's name--and particularly, if it was done when the couple because aware that someone was threatening to sue the husband, or he had started dong risky business ventures that could result in a lawsuit--there is a very good chance that a court would set aside that transaction or transfer.


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