Legal Question in Real Estate Law in California

Re: Protecting property from lawsuits

Winning (or settling) the lawsuit is your best idea by far. Trying to place your property out of a creditor's reach is considered a fraud and, when the property is real estate, it is rather easily detected and the fraudulent transfer is rather easily un-done in court.

You might want to look up and read the California version of the Uniform Fraudulent Transfers Act, Civil Code sections 3439 to 3439.12. The law prohibits and provides remedies for any transfer that "hinders, delays or defrauds" a present or potential creditor. Both the transferor and the transferee can get in trouble.

Further, a trust will not protect your property from judgment liens and eventual foreclosure unless it is irrevocable; in that case, you will have given up much of the control and benefits of ownership, and the income from the trust could be attacked by the creditor.

I know some people successfully hide assets through offshore trusts or similar devices, but these tend to be illegal as well and no ethical attorney should get involved in recommending one or setting one up for this purpose.

Re: Protecting property from lawsuits

There are a number of things that might be done but you must be careful as it could be considered fraudulent. It depends on value of properties, entire estate, and extent of threat.

Re: Protecting property from lawsuits

You would hire a good attorney to win the lawsuits. You might also hire a good attorney to put the properties in trusts. My resume available upon request.