Tenants by entirety

[latigo]

Because you closed your account and transferred money to hide it from the lawsuit to your wife's account. HENCE engaging in fraud. Hence, opening your wife up to facing legal repercussions. You have behaved in an underhanded, illegal manner.

Come off it and quit with your unwarranted, needless alarmisms in falsely labeling users of this site as criminals!

A transfer of an asset that may be subsequently deemed to fall within the applicable statutory definition of a transfer in fraud of creditors IS NOT A CRIMINAL ACT!

The consequence is not criminal prosecution! Not as to the transferor nor the transferee. It results in a potential civil cause of action to have the transaction declared null and void and divesting the transferee of a legal claim to the asset and subject to seizure by writ of execution or attachment.

_______________

This is as equally irresponsible as your recent accusation that a mother was guilty of felony perjury and could expect to be imminently arrested and charged.

The mother's "crime"? She and her husband (needlessly) * had filed a joint, sworn declaration that he was the biological father of her five year old daughter! A child that could possible have been conceived in an extramarital affair.



[*] "Needlessly", because the child was born during wedlock.

 

[Ohiogal]

Come off it and quit with your unwarranted, needless alarmisms in falsely labeling users of this site as criminals!

A transfer of an asset that may be subsequently deemed to fall within the applicable statutory definition of a transfer in fraud of creditors IS NOT A CRIMINAL ACT!

The consequence is not criminal prosecution! Not as to the transferor nor the transferee. It results in a potential civil cause of action to have the transaction declared null and void and divesting the transferee of a legal claim to the asset and subject to seizure by writ of execution or attachment.

_______________

This is as equally irresponsible as your recent accusation that a mother was guilty of felony perjury and could expect to be imminently arrested and charged.

The mother's "crime"? She and her husband (needlessly) * had filed a joint, sworn declaration that he was the biological father of her five year old daughter! A child that could possible have been conceived in an extramarital affair.



[*] "Needlessly", because the child was born during wedlock.

You really like not understanding what I said then or now. Can't help you Latigo. Not at all. Again, one day when you practice law you might see how the real world works. You don't practice though, now do you?

 

[lianxue]

Earlier, Ohiogal wrote:
“…which quite frankly could open up his joint property -- including the home -- to having a lien placed against it. You are missing that it was fraudulent what he did.”
AND
“Because once they find out the money went to your wife, she will be brought in as a co-defendant. You were an idiot. Anything that has both names on it can be seized or liened -- including the house because of the fraud you committed. You deserve whatever legal repercussions come and whatever money you lose.”

However, recently, in response to a judgment creditor's question, I read the following response in another forum (I made minor editions to it and providing here. I can provide the link if needed.):

"the tenancy by the entirety (TBE) property cannot be attached for the debt of just one spouse. Including the non-debt spouse as a party to the fraudulent transfer action still does not make that spouse liable for the underlying debt. Thus, the debt is just that of the husband and will not attach the TBE real estate owned by the husband and wife. In addition, if this property is the debtor's homestead, the creditor almost certainly couldn’t reach the real estate anyway."

Hope to see your comments.

 

[justalayman]

Actually a lien can be placed on the tbe property. The creditor cannot enforce the lien while the property remaims tbe but if it is ever not tbe (like when it is sold or the other party dies leaving you as the sole owner) anything still owed at that time can be seized.

 

[lianxue]

Thank you. About the lien you said: the other party can place a lien on the TBE property because my wife is involved in the money transaction or is it just because I owe them money (even if my wife was not involved in this money transaction)? In other words, whether my wife’s involvement in the money transaction changed the equation in any way?

Once the lien is placed, can we sell this TBE property and save the money in a TBE bank account?

What will happen to TBE bank account we already have?

In addition, earlier you said as follows: “...Once you mixed your money with hers, well, how do you tell one dollar from another?..”

I moved that 30K to my wife’s account; and my wife’s account has had no money except this 30K. That is, she never mixed this 30K with any of her money. In light of this new information, did I still commit fraudulent transfer?

 

[lianxue]

Could anyone answer my queries?

 

[justalayman]

Ultimately it will be for a court to decide. Without chasing a ton of case law I would guess that it would be seen as such.

 

[lianxue]

I appreciate your answer and still look forward for anyone who may provide a definite answer.

 

[I'mTheFather]

As far as the advice to get a lawyer, I am 98% sure this OP (under different names) has been told to do that many, many, many times. I am very sure this guy has been posting here for a few years about the defamation lawsuit.

There's always an angle.

 

[justalayman]

As far as the advice to get a lawyer, I am 98% sure this OP (under different names) has been told to do that many, many, many times. I am very sure this guy has been posting here for a few years about the defamation lawsuit.

There's always an angle.

And on several forums.

 

[lianxue]

I already admitted in this thread that this matter is on defamation.

Please let me know if I violated any rules of this forum. I saw there are 28 "likes" to this thread!

 

[jimnyc]

I already admitted in this thread that this matter is on defamation.

Please let me know if I violated any rules of this forum. I saw there are 28 "likes" to this thread!

That is likes to the various volunteers within this thread, and the total likes given to them from the various other members adds up to 28. That number isn't for the thread, but rather for their replies.