Legal Question in Real Estate Law in New York

signing of family home

My mother will be moving in afew months & she would like to sign our family home over to me.My sibilings are all ok with this due to the fact they already own their home & I do not. My mother owns the house.My father & her bought the house in 1964 out right.No monthly cost.My father passed away 5 yrs.ago so it is just hers however I am married,but we just had a car repo our choice due the fact it was not worth what we had to pay on it (the car is title in both of our names) we heard that they put a lein on our home if we purchase any is that true?The other question I need is can I put my mother's house in just my name using my madden name.My husband doesnt want his name on any paperwork what so ever & will they still beable to put a lein on the house?

Thank you for your time.


Asked on 12/09/06, 6:18 am

1 Answer from Attorneys

Re: signing of family home

If there is any money owed, a lien will attach to your real estate. Even if you try to hide it in your maiden name, the creditor can sue and recover the costs of having to track down an asset that was fraudulently concealed. The best bet is to find an attorney and have the house put into trust so that it cannot be attached by any creditors and so that none can accuse you of committing fraud by using a name that you legally abandoned when you changed to your present married name. Talk to a lawyer and set up a trust.

Best of luck.

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Answered on 12/10/06, 4:53 pm


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