Transfer of house to son likely intended to avoid paying damage award, court finds

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After Jian He was awarded $447,450 in damages for assault after a civil trial against Hai Huang, He’s lawyer discovered Huang’s house had been transferred to his son for $1.

A judge has ruled that the transfer of a Nanaimo house to a family member for $1 by a man who owed more than $400,000 in damages constituted a “fraudulent conveyance.”Jian He was awarded $447,450 in damages after a civil trial against Hai Huang for an August 2013 assault.

Although the 2016 house transfer stands, Jian He is allowed to register a judgment against the property and act on it, Baird said.The court received medical records indicating Jian He had a perforated eardrum that required surgery after the assault, and that he suffered from depression and post-traumatic stress disorder that his doctor attributed to the incident.

No money has been paid towards the award. Huang told the court he has not worked since 2014, when he was in his mid-50s, and said he has no assets, the decision said. They also said that it is Chinese custom for children to continue living with their parents after marriage and to take on responsibility for family costs, look after their parents in their old age and eventually receive the parents’ property in compensation.

After weighing their evidence, he said, “I have decided that it falls well short of rebutting the presumption that the transfer was fraudulent.” The house transfer had deprived Jian He from being able to register the damages judgment against the property’s title.

 

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Transfer of house to son likely intended to avoid paying damage award, court findsAfter Jian He was awarded $447,450 in damages for assault after a civil trial against Hai Huang, He’s lawyer discovered Huang’s house had been transferred to his son for $1.
Source: timescolonist - 🏆 15. / 75 Read more »