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?
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.
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