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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Someone who has owed me money eight years transfered

Customer Question

Someone who has owed me money for about eight years transfered ownership of her house to her husband five years ago. Now she is thinking about claiming bankruptcy. If I get a judgement against her for the money she owes me, can I go after her husband for half of what her house was worth when she transfered it?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

You can bring an application to have the transfer set aside.

That means the house will be treated as if it is still in her name.

If she declares bankruptcy she will then lose the house.

You should make it clear to her now, through a lawyer that this is what you will do and so if she declares bankruptcy she will lose the house. That may stop her.

Either way you can seek to have the transfer set aside as fraudulent as the transfer was made to defeat a creditor which make it a fraudulent conveyance.

Customer: replied 10 months ago.
Is there a limit to how long I can wait to have the transfer set aside? Should I do it now, or can I wait? I would rather not go to a lawyer right now if I don't need to.
Expert:  Legal Ease replied 10 months ago.

You should do it now before she declares bankruptcy in the hope she will not.

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