Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Quit claim protection

Posted on: 23rd Jan, 2008 09:08 am
By quit claiming my property to my wife will I protect myself from a lawsuit? or is the property still able to be attached?
Hi Keith,

Welcome to the forum.

I can get what you actually asking. Can you please explain your situation a bit more so that I can try to answer?

If you quitclaim a property just before foreclosure or filing BK, it will be considered a fraudulent conveyance.

Best of luck,
Larry
Posted on: 23rd Jan, 2008 10:16 am
If I quit claim my property and am sued civilly later is the property protected or is it still able to be attached. Is the property still considered my asset?
Posted on: 23rd Jan, 2008 10:23 am
Hi keith,

Welcome back,

If it is a secured debt, then even after you quitclaim, the lender may place a lien against the property.

Can I ask you why are you going to be sued?

Best of luck,
Larry
Posted on: 23rd Jan, 2008 10:32 am
If you transfer the asset to avoid collection of an existing debt, it may be considered a fraudulent transfer.

Also, if you live in a community property state, you may still have a commuity property interst in the property (for all equity accrued after the quitclaim deed) that a creditor could reach.
Posted on: 24th Jan, 2008 07:53 am
If my husband leaves me and he does a quit claim to me on our jointly owned house. Will his unsecured debt go against my house
Posted on: 11th Sep, 2008 08:03 am
Welcome Bevely,

If the debt is unsecured, you don't have to worry about the house at all. I mean the creditors won't take away your home. by the way, do you have joint debt to pay off?
Posted on: 11th Sep, 2008 10:32 pm
Page loaded in 0.118 seconds.