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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Hello Again, I have another question for you regarding my

This answer was rated:

Hello Again,
I have another question for you regarding my divorce and the house. I'm currently living in the house which we won as joint property. My ex filed for personal bankruptcy and there is a lien on the house but it is under her name only. She was no longer residing on the property when the bankruptcy was filed. Would it be to my advantage to take a property surrender or a quick claim deed. The bankruptcy was discharged and her attorney is letting the firm that placed the lien know.

Hello again and thank you for requesting me.

Before I can give you an accurate answer to your question, please provide the following additional information:

Is there equity in the property? Is there a mortgage on it which is in both of your names?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

Yes there is equity in the house and a mortgage on the place. I have been paying the mortgage since she moved out. Both our names are XXXXX XXXXX mortgage. I am afraid if she is lying and the bankruptcy has not been discharged, that I will end up losing some of my part of the equity when I sell the home. I do not want her bankruptcy to affect the amount I would receive or in anyway affect my credit and ability to buy another place.

Hello again, Terri.

It is common for spouses to agree to one of them gaining title and possession of the marital home at some point. Usually such an agreement will require a quit claim deed being signed by one spouse and the other refinancing the loan in only their name.

It would ultimately be best to have your spouse quit claim deed the property to you and since there is equity in the property you could agree to waive some portion of your interest in her pension in return for her signing a quit claim deed so you give up something of similar value to that which she is losing in the equity of the home.

The bankruptcy should not damage your credit just as long as you are able to make the necessary payments on the property.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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