I have a life-threatening disease and will be facing huge medical bills in the coming years. If we put all of our assets in my husband's name and then get a divorce, will that protect him? Do we need to live apart?
Simply putting all assets in his name may create fraudulent transfer issues regardless of a divorce.
However, if the medical debt has yet to be incurred, and you divorce, he will not be personally liable for the medical bills. However, if you continue to live together and otherwise act as a married couple, a creative creditor might be able to make the case that pseudo husband should be liable.
I've been asked this question multiple times and I've never been a fan of this strategy. Getting a divorce for asset protection purposes is rarely a good idea.
You should consult with an asset protection attorney, estate planning attorney, consumer attorney or bankruptcy attorney in your area to properly and legally plan the best way to protect your husband from liability. You may be able to create certain accounts or trust agreements to protect your husband.
This answer is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.yesnerlaw.com.
7 lawyers agree
Divorce / Separation Lawyer
I agree with the general consensus of the other attorneys here. We are sworn officers of the court and cannot advise you how to break the law. What you are contemplating/stating is fraudulent and might be criminal. With that said, I am not judging you. I have no idea what I would do in your situation. I'm sorry that you're faced with such decisions.
Bill Rosenfelt 407-462-8787
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.