Legal Question in Real Estate Law in New Jersey

i want to give my older son my house and dont want the judgements against him to take the house is there a way to give him the house without having judgements on it.


Asked on 10/24/11, 2:05 pm

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

If he has judgments against him, and his judgment creditors become aware of the fact that he acquired the house, as a general rule, the judgment creditors will be able to attach the house. You need legal advice on this matter. Please feel free to contact me ASAP so that we may explore your options and accomplish your goals. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 10/25/11, 5:41 am
Walter LeVine Walter D. LeVine, Esq.

You might consider placing the house in a trust, of which he is a beneficiary. Be sure you reserve a life estate that allows you to live in the house. as without it you could be ousted. A properly drawn trust document could both see the house eventually would belong to your son and his family (now or to come) and still protect it against his creditors. Contact me if you have any questions. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/25/11, 11:34 am


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