Should I transfer the deed to my home into my child’s name to avoid getting lien placed on the property?

UPDATED: Oct 1, 2022

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Should I transfer the deed to my home into my child’s name to avoid getting lien placed on the property?

My home paid for. A collection agency is going to place a the lien.

Asked on December 19, 2017 under Bankruptcy Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

This will very likely not help you. Under the law (for example, the "Uniform Fraudulent Transfer Act," which has been adopted by every state with which I am familiar, including your state), a transfer made when you are aware of a current or pending debt and which was not made for fair market value (for example: putting property into a family member's name when they did not pay you the fair value for it) can be reversed and undone, and the creditor can still get or lien the property. The law does not let you avoid your debts just by transferring your property someone else.

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.

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