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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36324
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am recently divorced, my ex husband moved out of our home

Customer Question

I am recently divorced, my ex husband moved out of our home in February. He is planning on filing bankruptcy but I want to keep the house. How do I keep him from listing the house in the bankruptcy? It is a VA loan and I am trying to get information on assuming the loan and/or refinancing
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sorry, Colorado
JA: Has any paperwork been filed?
Customer: As far as the bankruptcy or the loan, not to my knowledge.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to keep the house because his bankruptcy would affect my credit since I am co-borrower on the loan. According to our divorce papers, I have until January 2018 to buy or sell the house and the judge mentioned something about a Quit Claim Deed that would need to be filed, I am not sure what that is or how it works
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What is your question?

Doug

Expert:  LawTalk replied 4 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 4 months ago.
Is there a legal way to keep him from listing the house in his bankruptcy?
Expert:  LawTalk replied 4 months ago.

Good evening,

No, I'm afraid that there is not. The court does not even have the authority to order him not to list the house as a debt in the bankruptcy---because federal law trumps state family law.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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