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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40986
Experience:  Texas Attorney for 30 years dealing in real estate
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I represent a client who wishes to file chapter 7 bankruptcy

Customer Question

I represent a client who wishes to file chapter 7 bankruptcy in Florida. He was recently divorced and the settlement agreement provides that his ex wife occupy one of the homes as her homestead while he occupies the other as his homestead. He apoears as co owner in both properties.Can the trustee go after his 50 percent interest in the ex wifes homestead if he files?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.Ray here to help you tonight.

It depends here if she was awarded title, if so he can quit claim it to her and avoid having them claim a half interest.The decree/settlement has to award her title here not possession.If that was the case he can quit claim it.

If it remains jointly owned here and its no longer his homestead then they can pursue his interest. It would be better if he quit claimed it to her here.Thats the best way to avoid the trustee forcing a sale here.

I appreciate the chance to help you tonight.Thanks again for the chance to do so.

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