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Can property be transferred before the judgment is enforced?

Tacoma, WA |

There is pending judgment that I get half interest of the property which is currently under my husband's name.

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Attorney answers 2

Best Answer

Consults a lawyer about your new best friend, “Lis Pendens.”


If I understand the question, you are saying you have a judgement against your husband (maybe ex-husband) stating that you are a 1/2 owner of the property in question, even though only his name is on the title? I assume this is in the context of a divorce proceeding. If my understanding is incorrect, the remainder of this answer will likely be irrelevant.

In general, a judgment by a superior court acts as a lien on property of the judgment debtor in the county that the court is located in. However, you should record a copy of the court's judgment. You need to work with your attorney on this to ensure that the proper document is recorded. Without that recording, an unsuspecting or complicit transferee could take title to the property, leaving you needing to pursue a challenging and expensive quiet title action to straighten things out. With a proper recording, most of that risk is removed. Talk to a local family law and/or real estate attorney about this right away.

The foregoing is not intended as legal advice, but solely as general information. No attorney/client relationship exists between the poster and the answering attorney.