Can I make my boyfriend sign a quit claim out of title? 16 Answers as of July 11, 2013

Can I get my boyfriend deeded off our home since he included his portion of our home in his Chapter 7 bankruptcy? Thank you in advance for your help!!

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Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
This is unlikely but depending on the state you live in still possible. In Connecticut, a debtor can exempt seventy five thousand dollars of equity in their home. If the amount of equity in your home is less, than his portion of the house is safe.
Answer Applies to: Connecticut
Replied: 6/29/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
I'm not sure I understand your question. Are you asking if he's allowed to quitclaim his interest to you? You certainly can't force him to do it if that's really what you're asking. If his Chapter 7 case is still open, then he can't do anything unless and until the Trustee abandons the property and/or the case is closed.
Answer Applies to: California
Replied: 7/11/2013
Jackson White, PC
Jackson White, PC | Spencer Hale
I don't see why not but you cannot force him to do so.
Answer Applies to: Arizona
Replied: 6/24/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Only if he volunteers to do so or a court orders him to do so.
Answer Applies to: Michigan
Replied: 6/23/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You cannot make someone do anything without a Court Order and even then they could refuse resulting in you having the Court order a Trustee to sign over the deed.
Answer Applies to: New Hampshire
Replied: 6/23/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    If your boyfriend's trustee expressed no interest in his share of the home, your boyfriend's interest is unaffected by the bankruptcy, except for whatever mortgage liens are in place.You can ask him, but you can't force him to quit-claim his interest.
    Answer Applies to: Oregon
    Replied: 6/23/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No, that would be fraud. You'll be responsible for the debt yourself, and I assume he'll surrender his ownership in it. If there's no equity in it, or too little, it won't be taken and the lender won't foreclose if you keep on paying.
    Answer Applies to: Virginia
    Replied: 6/23/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    You can try but bank will likely successfully challenge it, due to being after the filing. Instead you can pay him a fair price for the asset (if you can) and that $ may be accepted by the lender.
    Answer Applies to: California
    Replied: 6/23/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    A person does not get rid of property they own in bankruptcy, only the debt obligation.
    Answer Applies to: Indiana
    Replied: 6/23/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It is too late for that. What ever is going to happen will happen. If there is little to no equity in the house, (which is the situation most people are in now) the trustee will not be interested in it. The trustee will only sell non-exempt assets when he or she can get "a substantial return for the unsecured creditors." Every state has some form of homestead exemption. Ask to see the bankruptcy papers. Look at Schedule A and C. That will let you know if there is a potential problem. If there is a problem, you can probably make a deal with the trustee to buy out your boyfriend's interest.
    Answer Applies to: California
    Replied: 6/23/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You can't force him to do this simply because he filed bk.
    Answer Applies to: California
    Replied: 6/22/2011
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