Legal Question in Real Estate Law in Indiana
I'm being sued over a car accident in Fort Wayne, Indiana; I was not impaired at the time of the accident. My wife and I are about to buy a house. If we put the house solely in her name, would the plaintiffs have any claim to the house if they win a judgement against me? (Not sure if this falls under Traffic Law or Real Estate Law)
2 Answers from Attorneys
Whether you were impaired or not doesn't have much bearing. This is a matter for your automobile insurance company to handle for you. You should have proper coverage to protect you, so there should be no worries. Transferring the house title is ineffective because it would be held to be a transfer to defraud a creditor. Don't bother. If you're worried about what will be happening, you should consult with an attorney to have him examine all of your facts and advise you.
If you are the only one being sued, ownership of your house by you and your wife together provides no risk; a judgment creditor cannot execute and collect against that house as long as the two of you remain married.
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