Legal Question in Real Estate Law in California

Re: Protection of Property Asset

At first glance it appears that your new home is at risk. I assume it is held as community property. That is the most usual way married couples take title to their homes and what the law presumes if the deed doesn't specify smoething different.

However, saying "We are both on the deed" doesn't tell the whole story; you could be shown as joint tenants or tenants in common with your shares being separate property. If this were the case, your portion of the home is far more likely to be beyond the reach of the ex-spouse.

Both the Code of Civil Procedure and the Family Code make it pretty clear that creditors of a spouse can attack the community-property interest of the other spouse for debts incurred diring or before marriage. See, e.g., Family Code sections 902 and 910; also 911 and 913; and Code of Civil Procedure sections 695.010, 695.020, and 699.710.

Collecting debts through execution and levy is a technical process with many procedural rules and requirements, and some limitations on what can be levied. I stringly recommend that you consult with a local attorney with experience in protecting home owners from improper levy and execution who can counsel you in matters such as use of exemptions and halting execution where the technical requirements aren't met.

Pre-purchase planning could have lessened your problem; I think many residential lenders prefer that where one spouse is subject to a judgment that title be taken initially in the name of the more credit-worthy spouse alone. It is probably too late for this, or for using a trust, or for filing homestead, but have an attorney review the timing and see what can be done without attempting a fraudulent transfer. A homestead filing MIGHT still be helpful, but don't count on it.

Re: Protection of Property Asset

By making an appointment to see a lawyer who is schooled in business/collections. It depends on how you will title to the real property. Additionally, you file motion to quash the writ. And by you I don't mean you I mean your lawyer. You do not do it and if you wanna screw things up and possibly lose your assets do-it-yourself. My best advice is don't ask how to do what find someone who knows how to do it.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Protection of Property Asset

If his ex-wife already has a writ issued, that means she had a judgment already (as you can only get a writ if there is a judgment). If there was an abstract recorded in the County where your home is, then it may already be on your house; if it has not yet recorded and you file a homestead exemption, then you can protect up to the maximum of equity for husband and wife. File the homestead to be on the safe side; you might also want to ask your husband if there are any other outstanding judgments of which you may be unaware.