Legal Question in Real Estate Law in Oregon

Can I protect me house...

If I were to do a ''quit claim'' off the title of my house so that it was in my wife's name only, would that protect my house from any lawsuits against me?

Would the same be applicable to cash moved to an account in my wife's name only?


Asked on 8/05/03, 1:20 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: Can I protect me house...

The transfer of any property (your hous, cash or bank accounts) may or may not protect it from your creditors. Under Oregon law, a transfer that is made when you know you have debts or a potential lawsuit is called a "fraudulent transfer" and may be reversed under certain circumstances.

Equity in your home is protected from lawsuit claims up $35,000 for married couples and $25,000 for single individuals, unless those claims are directly related to the house or the loans against it.

The determination of whether a transfer is "fraudulent" or not is based on when the debt was incurred (or when you knew about the potential lawsuit) and when the transfer actually occurred. If you know about the debt and transfer funds to make yourself "judgment proof", then you have probably made a fraudulent transfer that the creditor can overturn.

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Answered on 8/05/03, 7:18 pm


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