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Quitclaim prior to bankruptcy - How does it affect?

Posted on: 05th Jan, 2006 03:29 am
my husband is in deep debt and we have a house together. he is planning to file for bunkrupcty but before doing that he is planning to do a quit claim on our property to me. i have excellent credit and i dont want to file for a bunkruptcy. is it good move for him to do a quit deed then fiile for bunckruptcy? how will it affect me?
Hi peter,

If you are the landlord and the property deed is in your name, then the tenant can't claim any ownership to that property. You can contact a real estate attorney and he will help you in knowing the laws of the state and guide you in saving the property.

Thanks
Posted on: 24th Apr, 2010 01:32 am
If I do a quick caim deed to my xehusband do I still have a loan to pay back
Posted on: 11th Jun, 2010 04:03 pm
Hi pm,

If the mortgage is in your name and if your ex-husband does not refinance it, then you would be responsible for paying off the dues though you sign a quit claim deed.
Posted on: 13th Jun, 2010 09:51 pm
Hello, this is for the state of Georgia.

A Quit Claim deed was given by my parents to me approximately 3 years
ago. After the quit claim deed was filed I refinanced the house.

Within the last few years my parents have fallen on some tough times
and are thinking about filing for bankruptcy. Would that bankruptcy
effect the house that I live in now?

The only name on the mortgage after the refinancing is my own.

Thanks.
Posted on: 30th Jun, 2010 10:05 pm
Hi John,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about40385.html

Take a look at it. Hope it helps you.

Take Care.
Posted on: 01st Jul, 2010 01:25 am
My husband and I purchased a home with my mother-in-law and we did a quickclaim deed with our name on the deed. She is now trying to file bk, how will this affect us?
Posted on: 01st Jul, 2010 09:52 am
hi tt!

welcome to forums!

if your mother-in-law is not on the property deed or on the mortgage, then her filing bankruptcy will not affect you in any way.

sussane
Posted on: 02nd Jul, 2010 12:33 am
Can someone about 4 years into Chapter 11 bankruptcy still quit claim his home without triggering any legal complications? Also, does the quit claim have to be recorded in order to become valid?
Posted on: 14th Jul, 2010 05:33 pm
hi bob!

welcome to forums!

if the bankruptcy has been discharged, then there won't be any issues if the person transfers his property with the help of a quit claim deed to someone else. in order to make the deed valid, it needs to be recorded at the county recorder's office.

feel free to ask if you've further queries.

sussane
Posted on: 14th Jul, 2010 11:27 pm
Thank you Sussane for your response.

What happens if a quit claim is executed while the executor is still in bankruptcy? Is it invalid, so that it would have to be done over after the bankruptcy is discharged?
Posted on: 17th Jul, 2010 01:22 pm
Welcome Bob,

If you file a quit claim deed when you're in bankruptcy, then it can be considered as fraudulent by the trustee and you can be penalized for it. However, after the bankruptcy is discharged, then you can file a quit claim deed and transfer the property to someone else.
Posted on: 19th Jul, 2010 01:14 am
can i sign over my 2 custom cars and my speed boat to my family friend before filing chapter13
Posted on: 29th Jul, 2010 06:24 pm
hi robin,

signing over your cars and speed boats to your family friend just before filing bankruptcy will be considered as a fraudulent act on your part by the trustee. so, it's better not to transfer your property just before a bankruptcy filing.

thanks
Posted on: 30th Jul, 2010 12:52 am
I am in the process of filing chapter 7 bankrupcy and I am also in a troubled marriage. First question is since my name is not on the deed to the house, it is in her name can creditors go after the house. Secondly, if divorce happens and I sign a quit claim deed where does this leave me with any rights to the house or the appraised upgraded value?
Posted on: 03rd Aug, 2010 12:40 pm
I am in the process of filing chapter 7 bankrupcy and I am also in a troubled marriage. First question is since my name is not on the deed to the house, it is in her name can creditors go after the house. Secondly, if divorce happens and I sign a quit claim deed where does this leave me with any rights to the house or the appraised upgraded value?
Posted on: 03rd Aug, 2010 12:44 pm
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