Legal Question in Civil Litigation in Florida
my ex-husband recently quitclaimed a property to his mother's life estate (of which he is sole benefactor - as he is her only living relative). I have a judgement against him for spousal maintenance and in the process of having it domesticated in the state he lives in. Is it possible to lien that property, now that it has been quitclaimed?
1 Answer from Attorneys
depending on which state your ex-husband lives in the answer could vary. If he lives in Florida and the property is not his homestead then it is not protected from creditors. Additionally, if he transferred the property into the trust in order to avoid creditor claims then that could be considered a fraudulent transfer which brings the possibility of many other options.
It is not clear why he would place his own personal property into the Trust of his mother, unless it is to repay a debt to her or try to avoid creditor claims. You should talk to an attorney who specializes in debt collection proceedings in the state where the property is located and where you ex-husband lives.
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