Divorced x many years. X recently died. Filed bankruptcy with now spouse & found I am still on deed of house with x..

After filing bankruptcy with current spouse I recently am told I am still on house deed of X. I did not list this property in my bankruptcy papers because I had no idea I was on deed. My children are threatning me with jail if I don't sign this over to them. They would like to sell or keep for themselves. How do I go about reporting this to the court? There is no will or executor to the property and my children want me to sign it over. What do I do? Could this property be evaluated in my bankruptcy case? If I move into the property now am I breaking the law? Do I have the right to sell this property regardless of what my children want? My X husband left no direction for any settlement as his death was unexpected?? Do my children have any rights to this property?

Concord, NC -

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Attorney Answers (3)

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Bankruptcy Attorney - Berkeley, CA
Answered

I agree with the advice of both prior counsels. You need not fear going to jail if you filed your bankruptcy without knowledge that you were in the title. It is an innocent mistake and can be rectified by filing an amendement to your bankruptcy as soon as possible.

Of course, I do not advise you to do this yourself for the following reasons. First, you need to see how is your title held. A competetnt attorney could tell you if the title is held in joint tenancy, tenants in common, tenancy by the entirety etc. Any of these variations could affect your children's rights and how much of the house equity you retain.

Also, the type of banckruptcy you filed is important. Chapter 7 or Chapter 13.?

You do not have the right to sell the property until you determine what portion you will keep.

If the house is kept under tenats in common, one half will belong to you and the other house may be divided according to the intestate laws of your State. I am in California, spo I cannot advise you as to its effect, but it is important you talk to a Florida lawyer.

If the house is held as joint tenancy, then your clidren have no rights to the property and it will all pass tpo the bankruptcy trustee to pay your creditors an apportion you hyour State's home exception. I hope you did not file your bankruptcy yoursel and this is onbe of the reasons to pay a litlle but get a competent counsel.

I hope I have ben of help and I am sorry for your loss. I f you think my advice shed some light on your issues, please let me know.

I am licensed only in California. This information is good only in California and it is not to be taken as legal... more
Stuart M Nachbar

Stuart M Nachbar

Bankruptcy Attorney - Livingston, NJ
Answered

I would amend the Bankruptcy Petition and notify the Trustee. Als, first and foremost, contact your bankruptcy counsel so they can prepare the papers and properly advise you. You may have several different options and State Law could also apply due to the passing of your ex. Sorry for your loss.

The previous information is solely for informational purposes only. If you have further questions, please contact... more
Warren Vincent Norred

Warren Vincent Norred

Bankruptcy Attorney - Arlington, TX
Answered

This could be a very complex situation. You need to see your attorney.

Your children are threatening you with jail? It is HIGHLY unlikely you have any likelihood of going to jail, as you've not deliberately mislead the court, so stop worrying about that. Just see an attorney and bring all your paperwork.

This will also be one of those times where having a good bankruptcy attorney makes a difference.

I'm not your attorney; my answer to your question includes assumptions. If you want me to be your attorney, I'm... more

Related Topics

Deed to property

A deed is a written document describing a piece of real estate and documenting the transfer of ownership from one person (the grantor) to another (grantee).

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