Hi, I need to file a Chapter 13 to cram down
the value of a rental property set for foreclosure sale next month. I don't foresee any potential problems (other than perhaps fighting over the fair market value of property)... EXCEPT for the fact that I own this property jointly with my ex-wife, who would not be filing along with me. I don't believe there's anything in the divorce settlement transferring ownership or control to me, although I've been the one actually managing and renting the property out since the divorce.
So here's my question... Can I cram down the value of this rental property through my Chapter 13 bankruptcy even though it's jointly owned with my non-filing ex-spouse?
If not, would it help if my ex-spouse quitclaimed title of the property over to me before filing?
I am somewhat concerned that the lender will fight a cramdown under the circumstances, as my non-filing ex-spouse is liquid and could probably afford to pay a deficiency balance.
The only Florida case law I've seen on this issue deals with property owned as a tenancy by the entireties, the rationale of which doesn't seem to apply to a property owned as a joint tenancy. If you can find any Florida case law specifically addressing my issue, I'll pay extra, as I haven't been able to find anything so far. Thanks.