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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102522
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My sister and I own a property as joint tenants with the right

Customer Question

My sister and I own a property as joint tenants with the right of survivorship. She now has a judgement against her. Will these judgments come out of the proceeds if we sell the property and/or is there away for her to gift the property to me to avoid everything.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Yes, they may. Since the property has her name on it, then it considered fair game for enforcement even if she only owns part of it. So, the judgment creditor files a lien with the property since it has her name on it, then the property's sale would be complicated by the lien. She can quitclaim her interest to you. However at this point this may be considered a fraudulent transfer to avoid judgment enforcement (since this is happening right after judgment) and if so, then the property would still be liable to be attached to judgment enforcement. It all depends on how thorough the Plaintiff is in enforcing the judgment, on whether they search public records to see the property owners, before or after she transfers it to you (if she does), if they look through public record history or request assets owned by her in the last few years as part of post-judgment discovery, etc. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!