Arizona if our home is in our living trust and there is a judgement against my husband only can our property be transferred to me in our living trust since my husband is in failing health?

Viktoriya S. ∙ December 26, 2019

Generally, when the property is in a your joint Living Trust your name as a trustee is already on the deed for that property; therefore, there is no way we can transfer it to you in a Living Trust. What you can do is to take out the property from the LT and place it to your name only by changing the deeds for the real estate. However, you should consult with an asset protection attorney before you do that, because when there is an outstanding judgment against your spouse, this type of transfer could be considered as a fraudulent conversion and be undone by the court later.

Viktoriya Shaykhutdinova’s offices are located in Pasadena, California. Viktoriya Shaykhutdinova is licensed to practice law in in the state of California and her comments may only apply to that state. If your question applies to a different state, you should check with an attorney in that state. The information is not, nor is it intended to be a legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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