How could I get my ex wife to quit claim after she's filed bankruptcy? 5 Answers as of September 02, 2015

My ex-wife filed Chapter 13 bankruptcy prior to our divorce being granted. We didn't resolve the community property, and now I want to short sale the property. She has refused to sign a quit claim deed, stating that she has protection from signing anything per her bankruptcy protection. Can I get the Trustee of her bankruptcy to allow the short sale? Or must I request through a court for her to quit claim the property.

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Ronald K. Nims LLC | Ronald K. Nims
You can't force your wife to quit claim the property or to accept the short sale. Usually, it is in a person's best interests to quit claim and avoid having a foreclosure case on her credit report but common sense is an uncommon commodity. If may be necessary for the trustee to approve any quit claim or short sale depending on the terms of her Chapter 13 plan.
Answer Applies to: Ohio
Replied: 9/2/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You have to get court order.
Answer Applies to: New York
Replied: 9/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you have the legal right to proceed, then you would need to obtain a lift stay order from the bankruptcy court to have the right to unilaterally sell the property. I am not convinced based on what you have described that you have any legal right to proceed.
Answer Applies to: Nevada
Replied: 9/2/2015
Stephens Gourley & Bywater | David A. Stephens
It would have to go to the court unless her plan abandons the property.
Answer Applies to: Nevada
Replied: 9/1/2015
Marc S. Stern
Marc S. Stern | Marc S. Stern
You need to file a motion and get court authority. If the house is community property, her filing made the community property, property of the estate. Court approval is needed to do anything with it. You need something like a motion for relief from stay and/or allowing the property to be sold. It is not a form motion. There are a couple of other things that I can think of but they are exceedingly complex and might not apply.
Answer Applies to: Washington
Replied: 9/1/2015
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