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Icon Mini Profile azuk





Joined: 29 Oct 2009

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Post Posted: Thu Oct 29, 2009 1:40 pm    Post subject: how to start ?
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Me and my husband both on deed (Illinois) ,he stop paying bills and I want divorce
I will have to file chapter 7 ,I want also transfer my share of interest in the property
To another individual.
What comes first bankruptcy ,divorce or quitclaim?
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

Posts: 10030
Location: Alaska
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Post Posted: Thu Oct 29, 2009 8:16 pm    Post subject:
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Hi azuk!

Welcome to forums!

Transfer of property just before bankruptcy would be considered as a fraud by the bankruptcy court. The trustee can cancel the transfer and consider the property as a part of your estate. Once you quitclaim the property to someone else, you need to wait for at least a year and then file bankruptcy.

Feel free to ask if you've further queries.

Sussane
Icon Mini Profile gmakerley
gmakerley
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Joined: 09 Nov 2007

Posts: 12357
Location: bloomfield, ct
55.04 Dollars($)
Post Posted: Fri Oct 30, 2009 1:57 pm    Post subject:
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why would you wish to transfer your share of the property to a separate individual? for haha's, for some gain, for spite? it's only the type of move that would muddy up the waters, so i can't believe there'd be any real benefit to you from doing so.
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