Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello and thank you for allowing me the opportunity to assist you.
Well, property held as a tenancy by the entirety can be protected against creditors of just one spouse. Therefore, if the credit cards are in your name only, then you could theoretically shield the property by creating a tenancy by the entirety … BUT there is a law against transferring an asset in order to prevent it from being used to repay creditors. Creating a tenancy by the entirety would certainly fall into that category, and thus, it would likely be considered fraudulent and a judge would reverse the transfer to your wife. Having said that, there is nothing wrong with simply taking precautions by creating a tenancy by the entirety … it’s just that you can’t create one with the specific intent to defraud a creditor. You may want to see a local attorney about creating the tenancy by the entirety, and discuss the possibility that it could be considered a fraudulent transfer.
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