Orlando, FL asked in Bankruptcy and Collections for Florida

Q: Can I transfer my home to someone else if I have judgements against me?

Basically I have 2 judgements against me and am being sued for another debt I owe. I make too little money for them to collect anything and I own my home, it's my homestead, and I've been told they can't touch it. It's a mobile home and I don't own the property it's on. It needs serious renovations and my credit is ruined and I can't get a loan to fix it. I want to put the home in my mothers name so she can get a loan with my dad using their credit, income, and possibly the home as collateral. Is this illegal? There is no lien on my place but I don't want it to look like I'm trying to move my assets around as I eventually want to sell the place and pay these people off. If I can fix it and sell it I'll be debt free and can avoid bankruptcy so I'm desperate to do this.

Related Topics:
1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes, although depending on whether you file bankruptcy, it could be regarded as a fraudulent transfer if you don’t receive full market value at the time of the transfer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.