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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Ownership of Property When Filing a No Asset Bankruptcy

    My question involves bankruptcy in the state of: Texas.

    I have been divorced over two years now. We had no joint property to split, so the divorce was very simple. My ex-husband forgot that he had put both of our names on the deed to a small piece of land with an older, run-down house that had been in his family for 40 years. Of course I didn't want it- I told him to draw up the papers to take my name off, and I would gladly relinquish my part. I didn't hear from him for two years. He is remarried and moved, and now the home has renters. I assumed he had me removed somehow (didn't know better then).

    I have been preparing to file no-asset Chapter 7, then by coincidence through an eBay security question, found out that I still own property.

    I know that if I sign over so close to filing, it can still be seized by a trustee. What I am wondering is, is there was some type of court order that my ex could get, forcing me to relinquish the property? Then it would not appear suspicious.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ready to File No-Asset Ch. 7.or So I Thought

    Unless you have something in your divorce settlement that says he should have been deeded your share of the house, you still own it. Your husband couldn't remove your ownership without you deeding it to him. If you're going to file bankruptcy now, you need to include it. Do NOT quit claim it back to him if you anticipate filing bankruptcy. That would be fraud.

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