Legal Question in Real Estate Law in Massachusetts
Real estate/Real Property Law
I own a property jointly and a mortgage is still owed. Can I legally remove my name from the property temporarily. Is it legal to remove a name from a deed if you may face a judgement. I guess I want to protect my property from seizure? Can a lien be placed on a jointly owned property?
2 Answers from Attorneys
Re: Real estate/Real Property Law
In general, actions taken to defraud current creditors can be disregarded by the court, and can reflect negatively in a related lawsuit.
Other considerations in knowing what assets a creditor may pursue include whether a property is a personal residence and whether one of the owners residing there has filed a declaration of homestead, and whether property is owned as "tenants by the entirety" in the case of a married couple. In the latter situation, the property is generally protected in the absence of claims against both husband and wife.
However, the creditors' claims may continue to hang out there until such time as the debtor's interest in the real estate becomes accessible.
It really makes sense to talk with an attorney, because each situation can be a bit different, and can depend upon the nature of claims, and whether a claim is matured or not.
Re: Real estate/Real Property Law
What you are trying to do is wrong.
If there is a judgment against you, you should take care of it. Any action that you take in this case can be over turned and deemed to be a fraudulent conveyance.
Usually, this message should have been administratively rejected.