It is possible, but difficult, to file a Bankruptcy while in jail. Unless the prisoner has significant assets of value - such as a house, or bank accounts - there is nothing the creditors can do while the debtor is in jail.
Accordingly, it is often better to wait until out of jail before filing a Bankruptcy.
I think this is what you wanted to know. If not, please let me know.Thank you!
1) What is the market value of the home, and 2) what is the balance - if any - of the mortgage?
3) Did he live in that house?
Unfortunately, his creditors can force the sale of the house to get his 1/3 share. Since he already owes the money, transferring the deed out of his name will not help, as such a transfer can be viewed as a "fraudulent transfer" and can be reversed.
Lastly, since the house was not used as his residence, there would be no homestead exemption available if he filed a Bankruptcy.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).