Posted on: 02nd Dec, 2012 05:57 am
My wife's ex signed a quit claim in 2007 trying to keep his then wife from loosing the marital home in the settlement of one of his other real estate investment disputes. In 2008 the home was classified as Marital Property in their divorce agreement. The divorce agreement detailed that husband and wife would split the mortgage, maintenance and expenses until the house sold. The agreement also stated that husband and wife would split the post sale equity.
It seems that the quit claim and the divorce agreement documents are at odds. If husband terminated his rights to the property in 2007, the house should not have been considered "marital property" in the 2008 divorce agreement.
Now, 2012, ex-husband has filed chapter 13 and listed his ex-spouse as a creditor. The debt he listed is 2009-2012 non payment of his half of the mortgage, maintenance and expenses incurred and paid by wife.
With all these facts, we don't know if we need to respond to his bankruptcy notice and file a proof of claim? We also want to know how to get a copy of his Chap 13 repayment plan.
It seems that the quit claim and the divorce agreement documents are at odds. If husband terminated his rights to the property in 2007, the house should not have been considered "marital property" in the 2008 divorce agreement.
Now, 2012, ex-husband has filed chapter 13 and listed his ex-spouse as a creditor. The debt he listed is 2009-2012 non payment of his half of the mortgage, maintenance and expenses incurred and paid by wife.
With all these facts, we don't know if we need to respond to his bankruptcy notice and file a proof of claim? We also want to know how to get a copy of his Chap 13 repayment plan.
Welcome CACM,
The situation is quite complicated. In my opinion, it will be better if you could get in touch with an attorney and take his opinion in this regard. He will let you know whether or not you need to respond to his bankruptcy notice and file a proof of claim.
The situation is quite complicated. In my opinion, it will be better if you could get in touch with an attorney and take his opinion in this regard. He will let you know whether or not you need to respond to his bankruptcy notice and file a proof of claim.
When the husband quitclaimed the property to the wife, it became her separate property and should not have been listed as marital (community) property in the divorce. However, the divorce judgment is binding unless you back to court to change it. That is why the (wrongful) debt is listed in the bankruptcy.
Since you should not have received the support for the property in the first place, it does not seem right to claim it in the bankruptcy proceeding.
The Chapter 13 plan, like all court documents, are public records you can view in the courthouse.
Since you should not have received the support for the property in the first place, it does not seem right to claim it in the bankruptcy proceeding.
The Chapter 13 plan, like all court documents, are public records you can view in the courthouse.