Posted on: 09th Jul, 2010 03:54 pm
my husband and i have been seperated for 20 months. we have not filed for divorce. he contacted me yesterday to say that he was filing bankruptcy and that if i didn't pay for the divorce, i would loose the house i bought in my name about 3 years ago. north carolina requires that both spouses be on the deed. when we seperated, we did a quit claim deed which stated he no longer had any claim on the property. that was registered with the register of deeds office on january 02, 2009.
am i in jepordy of losing my house if he files before the divorce is finalized?
am i in jepordy of losing my house if he files before the divorce is finalized?
Hi barbara,
As the property is solely in your name, your husband does not have any claims over it. You are the sole owner of the property. However, if his name is on the mortgage, then he can include it in his bankruptcy and get it discharged. In that case, you would become solely liable for the mortgage dues.
Thanks
As the property is solely in your name, your husband does not have any claims over it. You are the sole owner of the property. However, if his name is on the mortgage, then he can include it in his bankruptcy and get it discharged. In that case, you would become solely liable for the mortgage dues.
Thanks
so...let me clarify.
My name ONLY is on the loan, his name IS on the deed, however he DID sign a quit claim.
But you are saying....he has no claim on the property. I am in the clear if he files bankruptcy of ny kind.
My name ONLY is on the loan, his name IS on the deed, however he DID sign a quit claim.
But you are saying....he has no claim on the property. I am in the clear if he files bankruptcy of ny kind.
Hi barbara,
If your husband has quit claimed the property to you, then he has transferred his property rights to you. Thus, you're the sole owner of the property. He will have no claims over that property. In that case, I don't think the trustee will be able to come after the property.
Take care.
If your husband has quit claimed the property to you, then he has transferred his property rights to you. Thus, you're the sole owner of the property. He will have no claims over that property. In that case, I don't think the trustee will be able to come after the property.
Take care.