Can my wife protect her assets against collection attempts for recent judgment ordering me to pay $25,000 to my ex-spouse?
My wife of 13 yrs recently inherited money, and wants to buy a house, but we do not want her inheritance or the house to end up in the hands of my ex-spouse. Because the judgment for attorney’s fees was obtained through dishonesty and legal tactics, I am appealing and will resist paying it as much as possible. If my wife buys a house as her sole and separate property, and if I remove my name from the titles of our cars (which are paid off), will that protect these assets against judgment collection? Does holding assets in a trust protect them? I work as an IT contractor. Would forming a corporation for receiving wages help me avoid the possibility of a wage garnishment, should my ex eventually figure out where I work?
A: The short answer is that your wife’s inheritance can be protected from the judgment if it is managed properly. Your other questions are a little more complex and require more information to answer. You must be very careful in taking these sorts of actions because you could make yourself subject to a claim for fraudulent. For more detailed answers, it is best to contact an Arizona collections lawyer.
* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.
Brad Denton
Re-posted from AVVO Legal Questions & Answers.