Posted by John Merchant on October 09, 2004 at 18:36:46:
In Reply to: Hiding from EX -Wife posted by IR on September 25, 2004 at 06:55:40:
What you want to do here may be completely legal per se, (opening new trust and putting RE within) but you need to know you cannot later deny doing it, or claim to have no interests in RE, etc., under oath, as that would be felony perjury.
Recent TX appellate decision about an MD who, knowing of court Judgment against herself, created new trust and conveyed her RE into that trust before the RE could be liened by the J creditor.
The court held that she was guilty of fraudulent conveyance and un-did that transfer so the J creditor could lien and attach that asset.
Don't remember whether she denied having the trust or any RE interests, but if she did, she was guilty of perjury, a felony.
I'm thinking she didn't deny it, but thought the fact that the trust was the title owner was enough protection.
It wasn't.
This isn't intended to be any reflection on ethics of medical profession as a whole, and I've known some lawyers who (the crooks !) did the same thing but lied, under oath, and said they owned NO RE, etc.
We've probably got just as many crooks as any other profession or occupational group, and to me, a lawyer doing this is maybe worse than the others, because the lawyer fully understands what he/she's doing and how wrong it is.