If my husband is being sued in civil court and our deed is in both names, what are the legal issues that could arise if we change the deed to my name only?

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If my husband is being sued in civil court and our deed is in both names, what are the legal issues that could arise if we change the deed to my name only?

The mortgage is in his name.

Asked on March 29, 2012 under Real Estate Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

Certain transfers - like real property transfers - made with in a certain time frame of a judgement being issued for a creditor of some sort can generally be set aside as fraudulent transfers.  There can be proven an "intent to defraud" a creditor.  Seek legal help here with the suit especially.  Good luck.


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