Can I remove my spouse's name from a property and then file bankruptcy? 12 Answers as of March 30, 2016

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
You can, but it is generally a really bad idea and possibly illegal.
Answer Applies to: Missouri
Replied: 3/30/2016
Stephens Gourley & Bywater | David A. Stephens
Yes, with the consent of your spouse. However, removing her name from the property may not have the effect you want in bankruptcy court.
Answer Applies to: Nevada
Replied: 3/18/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You may do that, however you must disclose the transfer. You should check with local counsel to discuss why you think you want to do that.
Answer Applies to: California
Replied: 3/18/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
There are many things someone CAN do, but it sounds like what you are asking is if it is OK to defraud creditors by giving away your property. Google REAL HOUSEWIFE'S BANKRUPTCY to see how many of these gals wound up going to PRISON believing that their celebrity status made them immune to the law. And take a look at the provisions of the UNIFORM FRAUDULENT TRANSFERS ACT as well. Prison is not the fun it sees to be on TV.
Answer Applies to: Nevada
Replied: 3/18/2016
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
No, there is a look back period so you can not do that.
Answer Applies to: New York
Replied: 3/18/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Not a good idea. Meet with a lawyer face to face to discuss your personal situation. Be prepared to pay an experienced BK lawyer for one hour of their time. It will pay big dividends, I can assure you.
    Answer Applies to: Colorado
    Replied: 3/18/2016
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    You could probably file but in Connecticut she might be prevented from filing for four years since she has transferred property out of her name prior to a bankruptcy.
    Answer Applies to: Connecticut
    Replied: 3/18/2016
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Generally not a good idea as it may be considered a fraudulent conveyance.
    Answer Applies to: Michigan
    Replied: 3/18/2016
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    The Bankruptcy rules have a look back period of two years prior to filing a bankruptcy. So any transfer would have to be disclosed if it took place two years prior to filing of your case. It could jeopardize your Bankruptcy case from being successful. You need to consult with an attorney for more specifics. Good Luck.
    Answer Applies to: Virginia
    Replied: 3/18/2016
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Why do you want to remove your spouse's name from the property? The answer to that question will likely determine the answer to your question (assuming you mean to file bankruptcy within two years after the transfer). Is it a former spouse and there is a judgment of dissolution that says you own the house? In that case as long as you disclosed the transfer you should be okay. Are you married and trying to keep your spouse out of it? If that is the case, it would be a mistake and could cause serious problems. Is the property a house? Is there equity in the house? If so, how much? Is it your primary residence? Bankruptcy law is extremely fact specific and there is no way anyone on an answer board like this can provide much relevant information. Please go see a local knowledgeable bankruptcy attorney who can advise you. If you want a successful bankruptcy case that doesn't have any unpleasant surprises you need a good attorney.
    Answer Applies to: California
    Replied: 3/17/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    This is much more complicated than it may appear. The short answer is No, because you would be reducing the property potentially available to your creditors. You should retain a skilled bankruptcy lawyer to advise and represent you. It's almost always worth the investment. And in light of what you are considering, it is even more important to help keep you out of needless trouble.
    Answer Applies to: Wisconsin
    Replied: 3/17/2016
    Ronald K. Nims LLC | Ronald K. Nims
    So you're putting the property in your name, then you're going to file bankruptcy. This isn't against bankruptcy law but if she has creditors, it won't protect the property from them. Any gifts can be taken by creditors up to 4 years after the date of the gift.
    Answer Applies to: Ohio
    Replied: 3/17/2016
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