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How to title a new home purchase with judgment

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  • How to title a new home purchase with judgment

    Located in FLORIDA

    I have a CC judgment in my name only. My wife is purchasing a new home and we're not sure how to title it. I do not work and have not been employed in 4 years. The down payment is coming from her own money that I have zero association with and its kept in her own separate bank account that Im not listed on. Nothing funny going on, this is truly her money. We currently rent so theres money coming from a previous sale.

    There 2 options:
    1. Husband & Wife with TBE presumed. We would also qualify for homestead. Between TBE and homestead, seems pretty ironclad. However, a lien can still attach, but if we sell the house, we would have to file paperwork saying the proceeds are going towards anything home purchase in order to protect the money. Seems ok, but I'm finding out that it will be difficult finding a Title Insurance company that will want to work with us with this issue when we decide to sell the house. They don't want to risk it.

    2. Wife on Title only. Obviously theres other issues if she were to die, but lets just discuss the judgment problem here. She would still claim homestead, but would this be a valid option to protect the home? Theres no fraudulent transfers since this is her money from her individual bank account. She's the only one employed. I wonder how this will look in the eyes of the judgment creditor, especially since they haven't been able to collect on me for 2 years now..

  • #2
    If I were your wife, I wouldn't want your name on title as long as that judgment exists. I am not familiar with FL law, but since FL is not a community property state, I would assume that if your name is not on title and your wife is not named in the judgment, that your creditor can't place a lien on her house. She should consult with an attorney to be sure. After 2 years, I really doubt the creditor is paying close enough attention to notice your wife buying a house.

    As far as estate planning is concerned, she might want to consider putting her home and other assets in a living trust. That will avoid the need for a probate and allow title to her assets to easily pass to you or to whomever she wants. It would also allow a co-trustee or successor trustee to manage her assets if she become incapacitated. She should consult with an estate planning attorney. Or, if she is comfortable doing it herself, Nolo Press is a good do it yourself estate planning resource. http://www.nolo.com/legal-encycloped...trusts-estates
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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