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lcp1467 · Joined: 11 Nov 2009 Posts: 1 1.45 Dollars($)

I need to get my husband off the title of our home because he has to file business bankruptcy. Do i file a quit claim deed or something else?...I purchased a home on my own, while married in a community property state while married. My husband signed off on it that it was my own sole and separate property at the closing. We later added him to the title only. He is not on the mortgage. He needs to file bankruptcy do to a failing business, but I won't be filing bankruptcy because I am not on any of the business loans, or anything to do with the business. I want to sell my home and pay off my debts and retain my equity in my home and not be affected by his bankruptcy. He is not on the loan, so I just want to remove him from the title. What do I file? a quit claim deed? Is a quit claim deed sufficient to get him off the title? Can they come after me to pay off his business debt, when all I want to do is pay off my own debt?

adonis · Posted: Wed Nov 11, 2009 11:28 pm Post subject:

Hi lcp,

Your husband will have to sign an inter-spousal transfer deed in order to remove his name from the property deed. However, any transfer of property just before the bankruptcy would be considered as a fraudulent activity. I would suggest you to contact your bankruptcy attorney and get his opinion before the transfer of the property.

Guest

why would I need to do an inter-spousal transfer deed when he is not on the mortgage. The mortgage is in my name only. He signed a form at closing that I could hold property sole and separate from him in community property state. We added him to the deed later. Now wish to take him off the deed. The bankruptcy may not need to occur. This is my property and I wish to keep it separate from his business in the event down the road that he may need to do a bankruptcy or if someone gets injured and tries to sue, since he is sole proprietor.

adonis · Posted: Mon Nov 16, 2009 11:01 pm Post subject:

Welcome Luana,

Though your husband signed a form at the closing declaring it to be your separate property at the closing, you added him back to the property deed. Thus, he presently has interest in the property. An inter-spousal deed signed by him will again make it your separate property. Thus, in case if he files bankruptcy, this property would not be considered as his asset.

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