Palm Bay, FL asked in Bankruptcy for Florida

Q: Can my ex wife include real estate the court awarded me in our divorce in her personal bankruptcy?

My ex was on the deed for two homes. The court declared one home non-marital and awarded me the other. The verbal decision was given on 11/8/19 and signed 1/31/20. She has 30 days to sign a quitclaim deed. My ex notified me 1/8/20 she had signed a contract to file bankruptcy and would do so asap. I was told that she could put a bogus address for me on the filing and I wouldn't get a notice if I was involved.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If you were awarded it in the divorce, the property belongs to you whether she signs the quitclaim or not and the bankruptcy court will enforce the courts order. It is pursuant to a domestic settlement agreement and thus non-dischargeable in bankruptcy.

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