Legal Question in Real Estate Law in New York

Yes, a creditor with a valid judgment against you would likely be able to secure a lien against any and all New York real property you own irrespective of the fact that you own it jointly.

It is also possible that a forced sheriff's sale could occur if the judgment (resulting in the real property lien) goes unsatisfied, though a court order/court approval would probably be needed in light of the fact that you are not the sole owner. Alternatively, the judgment creditor could just have the lien perfected, then wait until the property is sold or mortgaged at which point the lien would have to be dealt with (along with whatever interest has accrued pursuant to the judgment). Frequently, a judgment creditor's decision in this case may depend on the amount of the judgment vs. how much cost/trouble it would be to attempt a forced sale, and consideration of whether any superior liens (i.e. mortgages) exist.

Transferring the deed to your wife (or anyone else) would be the wrong thing to do for two reasons: (1) it may later be viewed as a fraudulent transfer for the purpose of defrauding creditors; and (2) it would likely be ineffective as such liens attach to the real property itself, and remain on the property (until paid/satisfied) despite any deed transfers. Accordingly, if a judgment or a lien has been filed against you/your property, it would appear the best course of action would be to negotiate and pay the debt. Good luck.

NOTE: Please bear in mind that the above response is provided for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. Because every case depends on unique facts, it is recommended that you contact and meet with a competent attorney in your area. Kindly feel free to contact me via telephone or email should you wish to further discuss your case and/or the possibility of obtaining representation. Thanks.