Legal Question in Wills and Trusts in Georgia
Fraudulent Conveyance of Property
What can I do to remedy this situation. My husband conveyed our jointly purchased property (which I actually paid for) into his name without my knowledge and then placed property in a trust for himself.
3 Answers from Attorneys
Re: Fraudulent Conveyance of Property
The deed putting the property in his name alone is either invalid (and possibly fraudulent as well--depends on whether he forged your signature)or at most conveyed a one-half undivided interest as tenant in common. The deed to the trust conveyed only what he had actual title to (i.e., either nothing or one-half).
You may proceed in either of hte following ways:
You could sue for partition, and recoup what you paid for the property from his share (which might be enough to have the property awarded to you, but that can't be guaranteed--most likely the property would be sold and the proceeds divided).
The division of the property could also be part of a divorce proceeding, in which the award of the property to you might be more easily obtained.
You will need the services of a lawyer to unscramble this mess, but your husband will end up paying his fees.
Re: Fraudulent Conveyance of Property
If I am reading your post correctly, it sounds like your husband forged a deed, which i s a crime. You will probably have to have him arrested, and then either sue to quiet title or resolve the title in a divorce, or both.
Re: Fraudulent Conveyance of Property
If the property were properly titled in both of your names, the only possible conclusion is that he forged your name. Criminal prosecution is one alternative; however, that may just wind up with him in jail. You should ocnsult with a local attorney about a civil action, e.g., to set aside the deed as well as asking for attorneys fees.