Legal Question in Bankruptcy in Georgia

Seperated and wanting to file Chapter 13

I'm seperated from my husband and plan on divorcing but before we do I want to file chapter 13 and he wants me to sign a quit claim deed conveying my interest in the house to him, if I do this wouldn't I still be liable becasue I am on the security deed?


Asked on 7/23/08, 11:02 am

3 Answers from Attorneys

Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Seperated and wanting to file Chapter 13

Simply conveying title interest does not relieve you of any debt with regard to a mortgage. The only way to eliminate a mortgage outside of bankruptcy is to refinance.

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Answered on 7/23/08, 11:11 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Seperated and wanting to file Chapter 13

Do not sign anything until you retain a lawyer. A transfer of property shortlky before a bankruptcy will often screw up the bankruptcy, and it also may create problems in a divorce. These are not do-it-yourself matters. You need your own counsel (NOT his lawyer).

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Answered on 7/23/08, 11:41 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Seperated and wanting to file Chapter 13

Do not sign anything until you retain a lawyer. A transfer of property shortlky before a bankruptcy will often screw up the bankruptcy, and it also may create problems in a divorce. These are not do-it-yourself matters. You need your own counsel (NOT his lawyer).

Read more
Answered on 7/23/08, 11:41 am


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