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Roger
Roger, Attorney
Category: Family Law
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My divorce was final June 2011. Divorce Decree and Summary

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My divorce was final June 2011. Divorce Decree and Summary Real Estate Disposition Summary Judgement awarded all right, interest, title in the home to me. My Ex was ordered in same documents to file a Warrenty Deed or similar by June 10, 2011.

I was going to list my home for sale this week. I was then notified that there is a judgement on the mortgage from my ex who has recently filed bankruptcy. His bankruptcy attorney, as well as realtor, verified this to be true. I do not have a copy of the judgement nor does anyone seem to be able to obtain one for me.

I have asked my ex to go and file the Warrenty Deed or similiar ASAP. He has not so far been willing to do so.

How can I sell my home right now? There are a couple prospective buyers currently and I do not want to miss out on the sale at this time.

Can I make my Ex liable for any fees I may incur trying to clear his judgement from the title?

Also- he has a horse listed as an asses in his bankruptcy. This horse is registered to both my ex and I. We do not have any legal document awarded the horse to either of us- just a verbal agreement between the two of us that if he is unable to care for horse (which he financially can not) the horse would return to me. Is there a way I can get the horse now that he has it listed as his asset?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

One thing - - did your husband ever deed you his interest in the property?
Customer: replied 3 years ago.


He was court ordered to complete a Warranty Deed or similar and to do so by June 10,2011. He has never completed this, so no.

Ok. Thanks. I thought that's what you meant, but wanted to be sure.

If your ex is in bankruptcy, his bankruptcy attorney can file a petition to set aside the judgment and have it discharged through his bankruptcy - - which will remove the judgment lien. Once that is done, the bankruptcy judge can also allow your ex to transfer his interest to you per the court's order. If his attorney will not do this, you can file a petition in his bankruptcy for an order removing the lien from your property.

But, you're going to have to go through the bankruptcy court and get the lien cleared before you can get the property transferred from him to you, so you could then sell the property.

You could also file a petition in family court to hold him in contempt of court for failing to transfer title - - but you would also have to file a motion to lift the automatic stay to allow you to pursue him on this. You can also ask the judge for your legal fees in having to take action to get this done.

Thus, this is certainly do-able, but its going to take some legal wrangling to get it done. Your best option is to consult your attorney and then allow him/her to try and work something out with your ex's bankruptcy attorney to get this done by agreement and save everyone time and money. If the attorney will not agree, then your lawyer will have to file a petition in the bankruptcy court to set aside the judgment against the property and order him to transfer the property per the court order.
Customer: replied 3 years ago.


Can I file the petition in bankruptcy court? Is there a form/somewhere online that walks me through how tofile a petition with the bankruptcy court?


 


If my ex would comply- can he now go and completed the deed transfer?

Yes, the petition can be filed in bankruptcy court - but there is no form petition for something like this. As something like this is a very unusual situation. An attorney would likely be needed to file a petition with the court.

Your ex husband cannot transfer the property now because of his bankruptcy filing. A transfer would be considered a preferential transfer.

Thus, you can't do anything without first getting permission from the bankruptcy court.
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