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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
If your son pays you the fair market value of the house, you're allowed to transfer it to him and that would not be illegal. Transferring property to a third party for less than the fair market value to avoid paying an existing or anticipated debt is a fraudulent transfer. Code of Georgia, Section 18-2-74. The person who is suing you would be able to bring an action to void that transfer.
Under Georgia law, up to $21,500 of the equity in your home is exempt from being taken by creditors to pay a debt. Section 44-13-1. Depending on whether you have a mortgage, that can offer you some protection.
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Even with a lawyer, the transfer would be considered fraudulent, and the person suing you could have it undone. It's only legal if your son is buying your house, for the fair market value. It has nothing to do with the type of deed used.
You can use a quitclaim if your son is buying the house. You don't need a lawyer. But he has to pay you for it.
The starting point would be to negotiate a price. Type up some kind of document that shows what the agreement is. Then schedule a meeting where he hands you the money and you sign the deed over to him. If there's a mortgage on the house, you'll need to get a payoff, and he'd write a check for that amount to the bank rather than to you. Any excess would go to you personally. Just like when you bought the house originally.
He can get a loan, or you can do a sale by owner. But it has to be a real sale. If he's not actually buying the house with the intent of owning it, paying the taxes, keeping it up, living in it or renting it out, and if you're not actually intending to give it to him to do whatever he wants with it - including giving you a 30 day notice to move if he's so inclined, then it's not a sale. It's a fraudulent transfer. You can't sign a deed giving him the house with an agreement that he'll pay and a wink and a nudge that he's not really going to.
A better way to protect your assets may be to talk to a bankruptcy attorney about whether you qualify for bankruptcy. Bankruptcy can be used to discharge many personal injury judgments, and there are ways to protect your house.
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