How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 35575
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

the marital property after the divorce was still jointly owned.

Resolved Question:

the marital property after the divorce was still jointly owned. after the divorce she filed bankruptcy on the loan she had taken out on the property. we were to both pay half, she quit paying and I am still paying my half of the I get a quick claim deed from her giving me the house 8 years later....what now.. what do I do
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.

I don't quite understand your question. You ask "what do I do?" What is it that you would like to accomplish?

Thanks in advance.
Customer: replied 1 year ago.

why did I get a quick claim deed now and what happens to her loan on the house since she filed bankruptcy and I was not notified until it was over?

what do I do now??? did she just make me sole owner of this debt???

Expert:  socrateaser replied 1 year ago.
Okay, thanks!

You received a quitclaim of your ex's interest in the property. This does indeed make you the sole owner of the property (unless you choose to not record the deed, and instead you tear it up and send it back to your ex with a letter stating that you reject the deed transfer).


And you are the only person who remains legally obligated to pay the mortgage, due to your ex's previous bankruptcy.


In sum (assuming that you record the quitclaim deed), the legal status of your circumstance is exactly the same as if you had purchased the property alone, and you were the only borrower who applied for and was granted the loan.


I don't know if that's what you want, but it's what you have.


Is my answer helpful?


Please let me know!

Customer: replied 1 year ago.

so will the bank contact me or should I just continue with my half payment and reject the quit claim deed.
she owes 1/2 the taxes and bills at the home? FOR 9 YEARS. I THINK I SHOULD REJECT THE QCD.


Expert:  socrateaser replied 1 year ago.
The bank doesn't care who owns the property. The bank cares that the mortgage is paid in full. You cannot pay 1/2 of the mortgage -- if you do, the bank will foreclose. You are obligated to pay the full mortgage, because co-borrowers are jointly liable for the entire mortgage.

Your ex was relieved of the obligation to pay on the mortgage via bankruptcy. But, the debt remains, and as the only remaining borrower, you're now stuck with the entire debt. You can either accept the quitclaim, and remain responsible for all of the bills, or you can reject the quitclaim -- but you will still be responsible for all of the bills, because if you don't pay them, the bank, or the county (with regards XXXXX XXXXX taxes), will foreclose.

Note: There is one good reason to reject the quitclaim: as long as your ex remains on title, she is also liable for the property taxes, and you could conceivably sue her for one half of any new property tax bills that accumulate.

Frankly, your best course of action may be to accept the QCD, sell the property, and move on with your life. But, if you're underwater and your loans and back taxes exceed the value of the property, then it really doesn't matter what you do with the QCD. You may as well start considering bankruptcy yourself, because that may be the only way to get free of your obligations on the home.

I realize that this may seem incredibly unfair -- but, FYI, on Jan 1, 2014, the IRS can start charging taxes on the unpaid balance of any foreclosed property. So, if you really are underwater in this home, then you need to decide if you can sell it before year end, or file bankruptcy. Because if you don't, you may get stuck with a new bill, that you never expected: from the IRS. And, as I'm sure you're aware, Uncle Sam is the one creditor that you do not want to be liable to for anything.

Please let me know if my answer is helpful and if I can be of further assistance.
Customer: replied 1 year ago.

this quit claim deed was received without my knowledge or concent and is filed at the county how do I reject a filed document???

Expert:  socrateaser replied 1 year ago.
You could file a "Notice of Rejection of Conveyance of Title." There is no form for this. You would have to draft it yourself. It would say something like:

Notice is hereby given that the grantee, [yourname], of the deed recorded in the official records of the County of [county], on [date], and registered as [file number], is rejected in its entirety.

Date: [date]

By: _________

[notary acknowledgment]

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 35575
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • FiveStarLaw


    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • FiveStarLaw's Avatar



    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • dylatess's Avatar



    Satisfied Customers:

    37 plus years of experience specializing in bankruptcy law
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    Twelve years experience in all aspects of debtor & creditor BK.
  • A.J.'s Avatar



    Satisfied Customers:

    Experienced consumer bankruptcy attorney.
Chat Now With A Bankruptcy Lawyer
2084 Satisfied Customers
Attorney and Real Estate Broker -- Retired (mostly)