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If bankruptcy is filed by the secondary owner of a mortgage can the primary owner of the property assume all rights and complete ownership by doing a quitclaim deed???

Posted on: 03rd Aug, 2010 10:50 am
Me and my ex-girlfriend purchased a home together in Louisiana. I am the primary owner and she is the co owner. Since then she has moved out and filed chapter13 bankruptcy. I want her name removed from the loan and the title/deed of the home! Is this possible through a quitclaim deed, an assumption, or would I ultimately have to take legal action to remove her name and rights to the property? Or is there another way to have her removed?
Hi Tmcclure,

You need to know whether or not your girlfriend had included the property in the bankruptcy filing. In case she hadn't included the property in the filing and the bankruptcy filing has been discharged, then you can ask your girlfriend to sign a quit claim deed and transfer it to you. Then you can refinance the loan and transfer the mortgage in your name.
Posted on: 04th Aug, 2010 12:26 am
Thanks for replying! She has included the mortgage in the bankruptcy filing. It was chapter7 not 13 (sorry about that). Her case has been discharged. Is there anything I can do to remove her from the loan and the title? What are my options?
Posted on: 16th Aug, 2010 01:59 pm
Hi Tmcclure!

Welcome to forums!

As her bankruptcy filing has been discharged, she is not personally liable for the loan any further. In that case, you can ask her to sign a quit claim deed and transfer the property to you. However, I would suggest you to take the opinion of an attorney prior to the property transfer.

Feel free to ask if you've further queries.

Sussane
Posted on: 17th Aug, 2010 12:38 am
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