CanI quitclaimtitle to our home intomy wife’sname only to avoid garnishment of the property?

UPDATED: Dec 9, 2011

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CanI quitclaimtitle to our home intomy wife’sname only to avoid garnishment of the property?

We live in WA and own our home free and clear. I may have a judgement against me in the future (just me not my wife; business related).

Asked on December 9, 2011 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can quitclaim title of the home that you own with your wife to her only with respect to a possible judgment against you down the line. The problem is that most likely Washington State has statutes as to fraudulent of conveyances to avoid creditors which could come back to haunt you.

Likewise, if Washington State is a community property state, the judgment against you if a personal one could still subject the assets of your wife that are community property assets to a levy on the transferred property. I suggest that you consult with an attorney who practices debt collection defense to assist you further in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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