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Griffin Law Firm
Griffin Law Firm, Attorney
Category: Legal
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Experience:  I am an attorney licensed in both CA and WA
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Can I sell my home with a pending lawsuit in place How can

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Can I sell my home with a pending lawsuit in place? How can I protect my home during a pending lawsuit?
Submitted: 7 years ago.
Category: Legal
Expert:  Griffin Law Firm replied 7 years ago.
It depends on the nature of the lawsuit. Generally the answer is yes, you can sell your home while you are in a lawsuit. The major exception would be if the lawsuit involved the title to the home. In this type of suit, the plaintiff will record documents against the property "clouding" the title and making it impossible for you to pass clean title to a subsequent purchaser. These suits often occur when there is a dispute as to who owns the property, or whether someone has a right to an easement over the property. If you are being sued for something unrelated to the title of your property though--say over an auto accident for example--there is nothing to stop you from selling your home. If they win the suit and obtain a judgment though, they will be able to record a judgment lien on real property that you own.
Customer: replied 7 years ago.
Good. Is there a way I can protect it without selling it?
Expert:  Griffin Law Firm replied 7 years ago.
There are several ways to approach asset protection. An LLC, Trust, or Family Limited Partnership are a few. There may be somewhat of a timing issue being that your lawsuit is already begun. This is not an area you should approach on your own and I would highly recommend you arrange for a free consultation with a local estate planning attorney.
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