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