Deeds in one spouse's name

  1. does having a deed in one spouse’s name only, whether still married, separated, or divorced, protect that spouse from the other spouse’s creditors? (This was given to me as rationale to title property that way-- I understand it’s still marital property for ED purposes, but I need to know if it effectively protects from my creditors) Or, do creditors treat such property
    as marital, and, therefore, subject to liquidation to satisfy judgement or bankruptcy order?

  2. I’ve read (on your website, thanks!) that Social Security benefits are “not reassignable”. Does this mean that, if separated or divorced, spouse has no claim to SS retirement, death, survivor’s, or disability benefits? Does any of this change if you started to collect (well at least, retirement or disability benefits) before you were separated or divorced (i.e, can these benefits somehow be converted into marital property)? What if I’m separated or divorced, and die-- can my child be designated the recipient of death and/or survivor’s benefits?

                                                                                                                    Many thanks


If you transfer property to a spouse during the “preference period” creditors can have a claim to that property. You will need to check with a bankruptcy attorney to find out more.

As for social security there are situations in which an ex spouse can receive benefits.

To qualify for divorced spouse benefits, the couple must have been married at least ten (10) years. Further, the divorced spouse must not remarry and be at least sixty-two (62) years old. The divorced spouse is eligible to receive half of that worker’s primary insurance amount. Further, the divorced spouse is eligible to receive the benefits from the worker even if that worker has deferred receipt of their benefits as long as the divorce was final for at least (2) years or the divorced spouse has reached full retirement age. Additionally, the receipt of these benefits does not affect the family maximum benefit for any other derivative benefits which the worker’s family is eligible, such as spousal or children’s benefits