Results 1 to 3 of 3
  1. #1

    Post Signing Over Property After Bankrupty Prior to Divorce

    My question involves a marriage in the state of:South Carolina

    A few years ago I had to file for bankruptcy due to a business failure. My husband (who was not part of the bankruptcy) convinced me to have my name removed from most of our/his assets due to his concern that the bankruptcy would attach to them. The bankruptcy has since been settled, and no liens, etc developed to his/our assets. Now he is acting as if he might want a divorce and has refused to put my name back on prior joint/marital property. We have been married for 3o+ years. One adult child that he assigned to property he had me removed from.

    Will this make any difference for marital property division?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Signing Over Property After Bankrupty Prior to Divorce

    Possibly; it will depend upon the full facts and source of the assets. Even if assets belonging to the marital name are only under your spouse's name, they should be credited to the marital estate; but even then there can be issues of proof. You should run the specifics past a divorce lawyer in your state.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Signing Over Property After Bankrupty Prior to Divorce

    So, did you claim them as your property for purposes of the BK? If not, how do you have any right to make a claim to them now?

    It sounds like this may involve fraudulent conveyance to avoid exposure to the BK. I would wonder if your lack of clean hands would be held against you in trying to make a claim to them now.

    1. Sponsored Links
       

Similar Threads

  1. Paying Support Prior to Divorce
    By itsjustin in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 07-22-2009, 04:33 PM
  2. Property Division: Prior Divorce, then Living Together, Can I Take Vehicles in His Name
    By redhawk16 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-04-2009, 07:10 AM
  3. Pregnant Prior To Divorce, By a Different Father
    By willowrayn in forum Paternity Law
    Replies: 7
    Last Post: 11-05-2007, 09:08 AM
  4. Divorce: Line of credit prior to divorce
    By Lukka in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 03-23-2007, 03:52 PM
  5. Deeds - Quitclaim: Signing Off Property
    By PROPERTY WOE in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 08-22-2006, 09:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources