Q: Does the trustee has the right to take the land and house?
My partner and I live together for 20 yrs and have 4 kids together. He has no job and income since 2002. I have been supporting his bills for 13 yrs. In 2014, I bought a land and built a house on it. I contributed 100% toward the purchase and added his name to the deed. After a year, I ended the relationship and removed his name from the deed. I also stopped supporting his bills. His bill piled up and he filed bankruptcy chapter 7. Since GA does not recognized the "Common Law Marriages", and he contributes 0% toward the purchase, can the trustee comes after the land and house? What I'm trying to understand is if my partner has no ownership rights under the Family Law, then how can the trustee has rights to take over the property?
A: You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not acquire this interest pursuant to a common law marriage. He acquired this interest because you put his name on the house. That alone made him an owner.
Homer P Jordan IV agrees with this answer
A: What has likely happened is that the bankruptcy trustee is doing a look back on property transfers that were done within the two year period prior to your former partner filing bankruptcy. They are trying to determine if there were any fraudulent transfers of property made in anticipation of the bankruptcy filing to hide assets from his creditors. If you have been contacted by the bankruptcy trustee regarding the transfer, you should consult with an experienced bankruptcy attorney to determine your options.
Homer P Jordan IV agrees with this answer
A: You should consider sitting down and speaking with an experienced bankruptcy attorney who can review the facts of your case in detail. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
A: If you had his name moved from the deed by proper execution of a quitclaim deed, you should be protected.
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