Can I make my boyfriend sign a quit claim out of title? 15 Answers as of June 29, 2011

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.

I don't see why not but you cannot force him to do so.

Only if he volunteers to do so or a court orders him to do so.

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.

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.

That wouldn't be a good idea. Any transference of title or property will be scrutinized by the trustee.

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.

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.

A person does not get rid of property they own in bankruptcy, only the debt obligation.

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.