Legal Question in Bankruptcy in Massachusetts

Home Deed and girlfriends Bankruptcy

My girlfriend and I purchased a home 3 + yrs ago.She is on the deed but is not part of the financing or mortgage.She is in the process of filing bankruptcy and I am wondering if we should take her off of the deed which she has agreed to do to protect the home.She has a lawyer that says he can put some type of protection on the home without removing her name from the deed, but I need to be certain before I allow this to go further.What should I do and should I feel safe with her bankruptcy?


Asked on 5/09/09, 3:56 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Home Deed and girlfriends Bankruptcy

Unless there are some other facts that I don't know, under NO circumstances should the property be transferred; do NOT take her name off the deed. That could be called a "fraudulent transfer", which although not criminal, nonetheless could create a massive headache for all concerned. The lawyer is probably talking about a "homestead declaration", which protects the home from creditors OTHER THAN the mortgage, and is a valid and recognized way to protect a home, so long as the person who makes the declaration lives in the home.

In order to be certain about this, you should consult a bankruptcy lawyer yourself, not because you want to file bankruptcy but in order to have a bankruptcy lawyer tell you what you can do to protect your property interests in someone else's bankruptcy case. Do NOT use your girlfriend's lawyer. See someone different and lay out all the facts for your own lawyer.

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Answered on 5/09/09, 4:41 pm


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