Q: Can I do a quit claim to remove myself from my EX home before I file chapter 7. I am on the deed ONLY
Separated 2 years, divorced in Dec. 2016. Ex purchased a home while we were separated. I have contributed nothing towards the house, down payment, closing, payments, upkeep. Divorce Decree gives him 100% ownership, but have not removed my name. Have never stayed in the home, visited one time. I am going to file bankruptcy and need to know legal way to remove my name from the deed so that he is not caught up in the bankruptcy.
A:
Speak with your divorce attorney about this. Generally, in my divorce cases, we draft a General Warranty Deed or Special Warranty Deed when transferring property from one spouse to another. There are times when a decree may contain language that it shall act as a transfer of property as well; however, it is best to consult with your divorce lawyer, bankruptcy lawyer or perhaps real estate lawyer to find out what the controlling language is in your decree and if any action needs to be taken, i.e. filing divorce decree with county real property records, etc.
Best wishes to you.
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