Do I have to file for bankruptcy as well if I am separated from my husband? How? 12 Answers as of July 28, 2015

I am separated from my husband and our home is going into foreclosure. He wants to file bankruptcy and I do not. Can I do a quick claim deed to get my name off before he files?

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Stephens Gourley & Bywater | David A. Stephens
You do not have to file with him. A quitclaim deed would take your name off of the property, but not the mortgage.
Answer Applies to: Nevada
Replied: 7/28/2015
Benson Law Firm
Benson Law Firm | David Benson
You and he can file separate petitions in bankruptcy whether you are living together or not. As far as the quitclaim deed goes, it only transfers your interest in the property and has no effect on your obligation to pay the debt. But the solution here very much depends on the particulars of your situation and what you want to accomplish. I would suggest you find a lawyer well versed in both foreclosure and bankruptcy in order to find the best path to your desired outcome.
Answer Applies to: Ohio
Replied: 7/28/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Go get a free initial consultation. I have no idea what state you are in and what the consequences are of a foreclosure in your state. You may find a lawyer at NACBA.org. Getting off the deed will not help if you are on the loan.
Answer Applies to: California
Replied: 7/28/2015
Ronald K. Nims LLC | Ronald K. Nims
A quit claim deed will get your name off the deed but not off the mortgage. Since the problem is with the mortgage (I've never had a client who was having a problem with a house she owned free and clear), a quit claim deed won't solve the problem. You should talk to a bankruptcy attorney about how this will affect you and whether you need to go into bankruptcy also to protect yourself.
Answer Applies to: Ohio
Replied: 7/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First of all, spouses are permitted to file separately, but generally in a marital or community property state, all the assets of the non-filing spouse (except for separate or individual property) must be disclosed on the filing spouse's papers, and some of it could be reached by creditors. By the same token, however, your obligations might well be discharged as well as his, even if you do not file. A quit-claim deed (please note that this phrase means more than 'quick-claim' deed) will not make much difference. I suggest you ask him to schedule a session among the two of you and his lawyer, to review all the facts and all the questions.
Answer Applies to: Wisconsin
Replied: 7/28/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Doing a quit claim deed is not appropriate and you cannot compel it without the other person's agreement to do so. ASSUMING you are NOT a co-borrower on the loans secured by the property, being on the deed, should have absolutely NO effect on your credit if you are not filing bankruptcy. Depending on the situation and type of BK filed, it might actually prevent foreclosure and possibly result in other benefits to BOTH of you - so without more details I cannot say whether your soon to be ex-spouse filing BK is a good or bad thing for you. Under some circumstances, it may be advantageous for both spouses to file BK together prior to divorce as it will clear up old debts, give each spouse a fresh start, this may be even more essential if one spouse cannot maintain a standard of living without financial support from the other. Money that would have gone to paying old debts can be used for more important things like: child support/alimony. Advice on all this really depends on many more facts about your circumstances. Obtain independent advice from a local bankruptcy attorney as far as what to expect and how this will impact you. Sometimes this might not even be necessary provided you have a family law attorney who is familiar with the interplay of marital dissolution and Bankruptcy and can advise you.
    Answer Applies to: California
    Replied: 7/28/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    I would have to know more particulars before I could answer this question. Getting your name off the property may not solve your problem. The foreclosure will still show up on your credit report. You may not have to do anything. I would meet with an experienced BK lawyer to get your questions answered. When someone calls me wanting to avoid filing BK, but has lots of questions about this, that, and the other, I charge my regular hourly rate for the consultation. But you will be informed, and know how to proceed. Good luck what ever you decide.
    Answer Applies to: Colorado
    Replied: 7/28/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You don't have to file for bankruptcy just because he does. If there are debts that are in both of your names, be mindful that he would be relieved of the obligation to pay them and they would still be able to look to you for payment. If the home is in foreclosure, nothing would be gained by signing a quit-claim deed over to him. If you are also a borrower on the mortgage then you will either be expected to pay any deficiency amount or, you may receive a Form 1099 if the lender forgives any portion of the loan.
    Answer Applies to: Colorado
    Replied: 7/28/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You do not have to file bankruptcy just because your spouse is filing. I would not recommend quit claiming title to the house without speaking with a bankruptcy lawyer. People often call it a quick claim because it is quick, but it is actually a quit claim because you are quitting owning the property. BTW, you may find that it is in your best interests to also file bankruptcy, so do not just dig in your heels because your husband wants you to file. Often you can come out way better by joining together for this one last mutually beneficial proceeding.
    Answer Applies to: Nevada
    Replied: 7/28/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, any conveyance within 6 years can be unraveled by the trustee. But his bankruptcy should not have any effect on you.
    Answer Applies to: New York
    Replied: 7/28/2015
    Danville Law Group | Scott Jordan
    You do not need to file bankruptcy with him. He can file on his own and keep you out of it.
    Answer Applies to: California
    Replied: 7/28/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You don't need to file, but if he wants to keep the house you will need to be a part of the modification process if you are on the mortgage.
    Answer Applies to: Florida
    Replied: 7/28/2015
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