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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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MWIFE AND I OWN/ED RANCH PROPERTY. AN INCIDENT OCCURED WHICH

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MWIFE AND I OWN/ED RANCH PROPERTY. AN INCIDENT OCCURED WHICH PLACED THE LAND IN THE CHANCE OF "ASSETS" IN A CIVIL SUIT. THE LAND WAS QUICKLY DEEDED TO THE WIFE TO HIDE THE ASSET IN THIS POSSIBLE PROCEEDING. NO CASE EVER FILED. NO CIVIL LITIGATION AND NOW THE WIFE WILL NOT RETURN THE PROPERTY TO A JOINT OR COMMUNITY STATUS. BOTH PARTIES WERE IN AGREEMENT WHEN THE TRANSFER WAS DONE TO PROTECT HER FEARS OF LOSING THE LAND THROUGH THE DEED TRASFER.
what do I do......court today[April 8, 2016 TEXAS BOB 78055
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi Bob, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. Deeding property to someone else in order to avoid paying a judgement is what's known as a fraudulent transfer. Tex. Bus. & Comm. Code, Section 24.005. Had you actually been sued, the plaintiff could have brought an action to undo the transfer to your wife and still attached the land. But unfortunately, what that means is - a judge can't help you with this. A person who files a lawsuit must come to court with what is called "clean hands." You gave your wife the property in order to stop someone else who may have had a rightful claim from getting it, rather than waiting to see if they sued and defending yourself, or pursuing other options. A judge won't now make your wife give that property back. Even if a judge COULD enter the order under principles of equity, the law says that a contract relating to the sale of real estate must be in writing to be enforceable. Tex. Bus. & Comm. Code, Section 26.01. Without a written document signed by your wife, you won't be able to prove that she promised to transfer the land back. The transaction is treated as a gift. You said that you're going to court today, but didn't say if this is a divorce court hearing or if you filed a lawsuit against your wife. The best chance you would have is if you could prove that she intentionally defrauded/deceived you and made you transfer the house to her - but even then, there's a good chance the judge will let her keep the ranch under the circumstances. When a plaintiff comes to court with unclean hands, the judge leaves the parties as he finds them, even if the other party ALSO has unclean hands. You need to find a way to convince the judge that you transferred the property to your wife for some OTHER reason than to prevent the potential creditor from taking it, OR that she paid you fair market value for you. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.Good luck.