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neblet

Junior Member
What is the name of your state (only U.S. law)? Florida

I am a defendant in a civil lawsuit (my wife is not involved in it).
In case I lose the case, can the plaintiffs go after the house. The house is jointly on me and my wife's name and we are living in that house for several years.

I have another house which is jointly on me and my wife's name and we are not living in it. I wish to sign a quit claim deed on it and wish to transfer all rights on my wife's name. Once I did this quit claim deed, if I lose the civil lawsuit, can the plaintiff go after that house? If so, what is the best option (rather than quit claim deed) to prevent this from happening?

My wife has another real estate property on her name alone. Can the Plaintiff go after that property?
 
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Silverplum

Senior Member
What is the name of your state (only U.S. law)? Florida

I am a defendant in a civil lawsuit (my wife is not involved in it).
In case I lose the case, can the plaintiffs go after the house. The house is jointly on me and my wife's name and we are living in that house for several years.

I have another house which is jointly on me and my wife's name and we are not living in it. I wish to sign a quit claim deed on it and wish to transfer all rights on my wife's name. Once I did this quit claim deed, if I lose the civil lawsuit, can the plaintiff go after that house? If so, what is the best option (rather than quit claim deed) to prevent this from happening?

My wife has another real estate property on her name alone. Can the Plaintiff go after that property?
See here: http://www.nolo.com/legal-encyclopedia/judgment-liens-florida-46828.html
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

I am a defendant in a civil lawsuit (my wife is not involved in it).
In case I lose the case, can the plaintiffs go after the house. The house is jointly on me and my wife's name and we are living in that house for several years.

I have another house which is jointly on me and my wife's name and we are not living in it. I wish to sign a quit claim deed on it and wish to transfer all rights on my wife's name. Once I did this quit claim deed, if I lose the civil lawsuit, can the plaintiff go after that house? If so, what is the best option (rather than quit claim deed) to prevent this from happening?

My wife has another real estate property on her name alone. Can the Plaintiff go after that property?
Your wife's separate property is definitely safe. The houses that you own jointly may have some protection as well. However, you really need to consult with a local attorney ASAP. If you and your wife have those kinds of assets you would be foolish to NOT have an attorney on board.
 

neblet

Junior Member
Thanks a bunch.

It is not related to defamation but damage to property due to auto accident.

Can anyone help me on quit claim deed question I raised?
 

LdiJ

Senior Member
Thanks a bunch.

It is not related to defamation but damage to property due to auto accident.

Can anyone help me on quit claim deed question I raised?
That question is the very reason why I said you need to consult with a local attorney. It could be considered a fraudulent transfer of assets, or it could be totally unnecessary, or something else. The one thing that I am certain of is that you should not do it without the blessing of a local attorney.

Am I safe to assume that your insurance company is defending you? If not, WHY NOT? Talk to the attorney who is handling the case.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Florida

I am a defendant in a civil lawsuit (my wife is not involved in it).
In case I lose the case, can the plaintiffs go after the house. The house is jointly on me and my wife's name and we are living in that house for several years.

I have another house which is jointly on me and my wife's name and we are not living in it. I wish to sign a quit claim deed on it and wish to transfer all rights on my wife's name. Once I did this quit claim deed, if I lose the civil lawsuit, can the plaintiff go after that house? If so, what is the best option (rather than quit claim deed) to prevent this from happening?

My wife has another real estate property on her name alone. Can the Plaintiff go after that property?
You anxiety over the likelihood of having a judgment entered against you suggests that you were not in compliance with Florida's Financial Responsibility laws. Meaning there was not the required liability coverage in place at the time of the accident.

If so, are you aware that upon the issuance of any judgment against you that you driving privileges will be suspended until the judgment is satisfied? (Florida Code - MOTOR VEHICLES FINANCIAL RESPONSIBILITY Chapter 324)

With respect to your notion to quitclaim your separate real property over to your wife. Also, be aware of another provision of Florida by which past and future creditors can move to have the transfer voided as being fraudulent. (Florida Statutes Section 726.105 - "Transfers fraudulent as to present and future creditors.")

Whether not protection is afforded regarding the Florida home that is jointly owned will depend on whether such ownership was taken with you and your wife as Tenants by Entireties. If so, then it could only be seized in execution of a judgment against both you and your wife.

However these laws are somewhat unique to Florida and are very complex. You will need to have an attorney that is proficient in them do the explaining. Also to explain what protection is available under Florida's homestead exemption laws.
 
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neblet

Junior Member
Appreciate again.

There is no judgement yet. It may come in the next few months or so.

Can I sell the house (in which we are not living) to my wife or someone else now to avoid losing it later?
 

I'mTheFather

Senior Member
Appreciate again.

There is no judgement yet. It may come in the next few months or so.

Can I sell the house (in which we are not living) to my wife or someone else now to avoid losing it later?
Did you read this post? Especially the bolded?

That question is the very reason why I said you need to consult with a local attorney. It could be considered a fraudulent transfer of assets, or it could be totally unnecessary, or something else. The one thing that I am certain of is that you should not do it without the blessing of a local attorney.

Am I safe to assume that your insurance company is defending you? If not, WHY NOT? Talk to the attorney who is handling the case.
Answer those 2 questions, please.

Selling the house to your wife or other relative will have the same effect as the quit claim.
 

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