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Quit claim to ex-husb/co-owner of home when he is in Ch7 Bankruptcy?

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Icon Mini Profile blairjen





Joined: 16 Nov 2009

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Post Posted: Mon Nov 16, 2009 7:18 am    Post subject: Quit claim to ex-husb/co-owner of home when he is in Ch7 Ban
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My ex-husband and I own a home together and both are on the loan and deed. I own a second home with my current husband (both loan & deed) and we are experiencing hardship. In order for us to get help with a non-profit agency to save my current home, my name cannot be on the deed of another home. I

want to quit claim the deed of the 1st home with my ex-husb back to my ex. It was about to foreclose when he filed Ch7 (he is not re-affirming) and it is stalled in Bankruptcy right now. Neither one of us want to keep the home.

Problem: Can I quit claim my interest in the home to him since he is in the middle of Bankruptcy?

I tried to give it back to the bank, but they said I couldn't do that until his BK is discharged. I need to get this home out of my name ASAP or I will end up losing my current home too!
Icon Mini Profile adonis
adonis




Joined: 22 Oct 2005



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Location: ALASKA
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Post Posted: Mon Nov 16, 2009 11:17 pm    Post subject:
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Hi blairjen,

I would suggest you to contact a bankruptcy attorney and take his opinion in this regard. As the bankruptcy is ongoing, it is true that the lender won't take it back from you. You will have to transfer the property to your ex-husband and your attorney would be the best person to help you in this regard.

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