Real Estate Law
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In that case:
1) What is the current market value of the house?
2) What is the balance on the mortgage?
3) Do you own another house that you are living in?
4) If yes, what is the current market value of that house?
5) If yes, what is the balance of the mortgage for that house?
No - a spendthrift provision would be available if the house was part of a trust.
With no trust, and no spendthrift provision, your judgment creditor can put a lien on the house that is in both your name and your sister's name. However, they would not be able to force the sale of the house while your mother is alive, because of the life estate.
What the attorney told you is correct about the result of transferring the house into your sister's name only. Removing your name from the deed can be deemed a "fraudulent transfer", and your name can then be put back on the deed.
I think this is what you wanted to know. If not, please let me know.Thank you.
Transferring the timeshare would have the same effect as transferring the deed to the house. Transferring the timeshare can also be deemed a "fraudulent transfer", and the transfer reversed.
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