Legal Question in Real Estate Law in California

My divorce was final 11/08 and I was awarded the home in which my son and I reside. We are both still on the mortagage and the title. Due to a declining business I have not yet been able to qualify to refinance. My former husband is trying to qualify for Chapter 7 and is planning to list my property as part of his BK. Is there any way I can protect my property from his debtors? Are there any loopholes to get his name off the loan? He is willing to sign a quit claim deed or quaranty but I'm not sure how that will impact the loan.

Thank you.


Asked on 9/05/09, 1:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I'd suggest posting a duplicate of your question under the bankruptcy topic heading on LawGuru. Some of the issues regarding where and how your house should be listed in his Ch. 7 are best addressed by BK specialists.

My guess is that he should not list the house as his asset, but should disclose that he is still liable on the loan as a co-borrower. You should review your property settlement or decree of dissolution to verify that this is factually correct.

I think you mean "...protect my property from his creditors."

Finally, I suggest talking to the lender. In many cases I've seen, the mortgage lender is willing to re-write the loan to remove a former spouse who is no longer a co-owner under the terms of a marital property settlement. Worth a try.

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Answered on 9/05/09, 2:05 pm


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