实例分析: 夫妻间财产转让，须三思而行；即使转让被判无效，也不可拍卖房产，只能将房产转移回夫妻共同名下
在一起民事纠纷案中，被告A和被告B为夫妇，丈夫生意失败，欠下债务，长岛高等法院判决原告（债权人）胜诉（当时我行没有参与这一诉讼）。在债权人提起执行诉讼之前，被告A将原先夫妇二人共同所有的房屋不动产完全转让到了妻子名下。原告遂在皇后区高等法院提出执行诉讼，要求法院宣告转让无效，并要求法院拍卖房屋，将所得售款用于偿还被告A及其公司的债务。
在这一执行诉讼案中，我行应邀代理被告B，先后出庭十多次，历时一年多。法官部分地采纳了我们的意见。虽然他同绝大多数法官一样，非常看不惯为逃避债务而将共同财产转移为一方财产的行为，但他判称，原告不可以要求强行拍卖被告房产。法院只能要求被告将房产从被告B名下重新转移回到被告A和被告B夫妻共同名下，而在被告B仍然健在期间，原告是不可以对该房产主张权利的。只有在被告B先于被告A离世之后，原告才可以请求执行。
教训：(1) 夫妻间财产转让, 须三思而行; (2) 即使转让被宣判为无效，也只能将财产转移回夫妻名下，而不可被强行拍卖 。
Case Analysis: Conveyance between husband and wife
In a case we subsequently participated handling, the husband failed with his business. A judgment was entered against him (not represented by us) in favor of his creditor by the Supreme Court, Nassau County, Long Island. Before the creditor sought enforment of the judgment, the husband conveyed to his wife his entire interests in a property which he and his wife jointly owned by the entirety. Creditor brought suit for enforcement in the Supreme Court, Queens County, requesting the court to declare the conveyance void, and to order judicial sale of the property so as to use the proceeds of the sale to satisfy the prior debt judgment.
We were retained by the wife to defend her rights. We argued, and the court partly agreed, that even if the conveyance were invalid, the property should not be subject to judicial sale; at most the court could do was order the wife to convey the property back to the husband and the wife as joint tenants by the entirety. In that event, no enforcement measures could be taken against the property unless and until the husband becomes the sole owner of the property if the wife dies first and is survived by the husband.
Lessons: (1) Conveyance between husband and wife: extreme cautions need to be exercised; (2) Even if such conveyance is declared invalid, the property can only be reconveyed back to the husband and wife as tenants by the entirety, and, as such, cannot be subjected to judicial sales in satisfaction of the judgment and non-judgment debts of the husband.