Henderson, NV asked in Bankruptcy for Nevada

Q: I live in Las Vegas Nevada and am filing bankruptcy separately from my wife.

My wife owns our home which she bought in 2003. The title is recorded in her name only as her sole and separate property and the mortgage and taxes are in her name only. At the time she bought the home, I signed a quit claim deed giving up all interest in the property. Additionaly, in 2011, she filed and recorded a Homestead on the home.

My question, in completing the schedule of assets for the Bankruptcy, should I include her home as an asset since I do not share any rights, title, interest, or obligations for the home or the mortgage?

Related Topics:
1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. There is still an equitable interest that you should list as an asset on your petition. Consult your Bankruptcy lawyer as to the further ramifications of the interest, but you should list it out of an abundance of caution.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.