Legal Question in Bankruptcy in California

Can I transfer my assets to my wife before the judgment comes down?

Most of my assets are held in joint tenent or community properties with my wife. The suit is against both of us. Question is if the judgment is against me only and not my wife, would it be feasible to protect my asset by transferring it to my wife? What else can I do now that the suit is in motions already? I do not want to file bankruptcy or do anything fraudulent. I just want to get away from these predators.


Asked on 6/14/07, 3:45 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Can I transfer my assets to my wife before the judgment comes down?

No transfer to your wife is not an option. Just fight the civil case...then eventually if it does not go away settle.

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Answered on 6/15/07, 10:42 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can I transfer my assets to my wife before the judgment comes down?

If you believe you are liable for whatever it is you are being sued, you might have your lawyer try to negotiate a settlement on a payment plan, for less than the full value of the amount owed, rather than have a judgment against you. Sometimes, the parties will agree to a stipulated judgment that will be held unfiled unless the defendant fails to make a payment under the plan. As far as transfering property: If the plaintiff's attorney gets wind of it, there are legal steps that can be taken to set aside the transfer as fraudulent.

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Answered on 6/14/07, 4:39 pm
Judith Deming Deming & Associates

Re: Can I transfer my assets to my wife before the judgment comes down?

Do not transfer anything as it will appear that you are attempting to hide assets to preclude having them available to satisfy a potential judgment. Doing so can be the basis of a new lawsuit under the Uniform Fraudulent Transfer Act and not only can the transfers be "undone", but they cause the transferee(s) to be liable along with you.

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Answered on 6/14/07, 7:18 pm


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