Legal Question in Wills and Trusts in Georgia

My wife and I are divoresed. The house is in her name. She is in trouble with her ex brother in-law on a slander charge. His lawyer is talking about takening our house. I bought the house when we were married and my ex understands half is mine. If i put my name on the deed can this other lawyer still take the house


Asked on 6/08/10, 5:12 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

See a lawyer immediately.

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Answered on 6/08/10, 8:22 am

Wait a minute here. (1) you are divorced. If you wanted your name on the house or your portion of the house, the time to do that was in divorce proceedings, not now. So the house is not yours. (2) I do not understand a "slander" charge. A lawyer would not be involved if this was criminal. I assume you are speaking of a defamation suit? And why would a lawyer be making threats that he is "going to take the house?" It sounds to me that the ex-brother-in-law has diarrhea of the mouth. A lien can ONLY be placed on real property AFTER a judgment has been obtained. Up to $10,000 in equity is exempt rom the claims of creditors. Is there that much equity in the property? I cannot comment on the merits of his action as I do not know what was said or what the damages are likely to be. I don't know how likely a judgment is or isn't and it is unethical for me to comment on your ex-wife's case. She needs to see a civil litigation lawyer immediately.

As for you, sticking your name on the house might be a fraudulent conveyance if the ex-wife knows she has been or is about to be sued. If she wants to sell you half of the property, that might defeat any fraudulent conveyance claims, but your ex-wife can speak to her lawyer about asset protection.

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Answered on 6/08/10, 8:37 am


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