Legal Question in Real Estate Law in Florida

Co Owner of real property contemplating Bankruptcy

I purchased an investment property, intending to flip for profit, with another person 3 years ago. The property has recently been rented. The other party is now contemplating bankruptcy. The property has been quitclaimed to me solely. We have no other paper trial, such as a contract between owners, besides recorded documents and bank statements. The problem is the property will sell at a loss if ever sold. Historically, I have paid more of the costs. Starting with the down payment, then the primary financing was pulled from a HELOC on my primary residence. 2 years ago the other owner who was still on title at that time, encountered financial issues, so I paid off her credit card in excess of $20,000, that represented expenses on the property. We had a verbal agreement that she would pay as expenses occurred, but it turned out she was charging her share, and could no longer of manage the minimum payment. The other party has agreed to pay her share and reimburse me for her credit card on my HELOC. Unfortunately, she has been financially irresponsible and is contemplating bankruptcy again. I fear if she agrees to repayment prior to filing BK, she can have her obligations to me dismissed accordingly. What are my options?


Asked on 11/18/08, 12:11 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Co Owner of real property contemplating Bankruptcy

I'm not sure I follow your entire situation based on theway it's written, so I'm not sure I can offer any options to you, or, for that matter, if you even have any options. You are correct, though, that if she agrees to repay you, then files bankruptcy, the agreement to repay you will likely be discharged.

You may also want to speak with an attorney and describe your situation. If I understand what you've written, the quitclaim may also be set aside by the bankruptcy judge.

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Answered on 11/18/08, 12:58 pm


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