Legal Question in Credit and Debt Law in Illinois

divorce & bankruptcy

i divorced & recieved home as mysole property quit deed was sidgned by my x i filed bankruptcy & am still in home.he wants to file bankruptcy but said he cannot because hin name is on the mortgage still & he is entitled to half the equity of my home to pay his debt.and cannot file bankruptcy


Asked on 9/03/08, 1:21 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: divorce & bankruptcy

Being on the mortgage means nothing as far as ownership goes. You say the quit claim deed was signed, but was it recorded? If not, make sure it gets recorded immediately. When he signed the quit claim deed, he gave his interest in the property to you, so he is not entitled to half of the equity.

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Answered on 9/03/08, 1:34 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: divorce & bankruptcy

This does not actually make sense. If he signed a Quit Claim deed to you giving you 100% interest in the home, he should have no problems filing bankruptcy. Make sure you properly filed the Quit Claim deed with the County Recorder. If it is pursuant to a Marital Settlement, your ex should be prepared to provide the trustee with that information, especially if this deed was signed over within the past 5 years. Your ex might want to consult a different bankruptcy attorney too if his current one doesn't understand that he doesn't actually own the house.

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Answered on 9/03/08, 1:47 pm


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