How can I protect my interest in the property I own with someone who has a judgment againstthem for over $110K?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I protect my interest in the property I own with someone who has a judgment againstthem for over $110K?
I share ownership with my brother in a property. He moved out of state andI have his POA to sell. Now I’m receiving collections calls and letters for him at my personal phone/address for over $110K. There may be a judgment against him,he denies knowledge. How can I get his name off the deed and protect my interest? Can we do a quitclaim, grant deed, or warranty deed if he agrees? Our title company told me if I sell the property, and his half of the profit is less than the judgment, collections will take any additional amount from my share. How can they do that?
Asked on July 20, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am not sure that the title company is correct on that. Joint ownership assumes half and half. A Judgement creditor can not come after the property of someone they do not have a judgement for and that is the same situation here. The judgement creditor may try and come after your share but they won't get it in a court of law. But you do need to get your brother on the horn and have him figure out what the heck is going on. Just transferring the property is not enough at this point. They can try and have the transfer set aside. I would not want you to be caught up in trying to help him perpetrate a fraud in any way or him doing it either. I think he may need legal help with this. And you too. If he will not help himself you need to help him to help yourself. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.