Legal Question in Wills and Trusts in Virginia

Is primary home in Virginia protected from judgements?

Is primary home in Virginia protected against lawsuits/judgements? If not is a land trust a viable option as an asset protection strategy?


Asked on 10/07/02, 5:15 pm

1 Answer from Attorneys

Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: Is primary home in Virginia protected from judgements?

Whether or not one's primary home is protected from judgments depends on a number of factors. If the judgment is just against one party and the home is owned by a married couple who hold title to the property as tenants by the entirety, the home would be protected unless the judgment was against both the husband and wife. A trust may be a viable protection option against future judgments. Declaring bankruptcy may be an option as long as the equity in the home does not exceed $5,000.

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Answered on 10/09/02, 4:01 pm


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