Legal Question in Bankruptcy in Utah

buying real estate before a bankruptcy

My fiancee and I are getting married in 2 months. He has a lot of debt, and is considering claiming bankruptcy. He owns a house, and we were thinking of selling it to me before we got married so it was only in my name (we were contemplating this prior to considering a bankruptcy to get a lower interest rate). If we do this prior to being married, and he claims bankruptcy prior to us being married, is the house safe since it is in my name? Is this legal?


Asked on 12/25/04, 10:21 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: buying real estate before a bankruptcy

He can sell the house but will have to disclose the sale in the bankruptcy. The sale will be considered to an "insider" and will be voided. The court can force the sale and take the equity. Since he owns a house, why does he not do the honorable thing and sell the house to pay his bills? One might be surprised why you are interested in a relationship built on irresponsibility.

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Answered on 12/25/04, 11:20 am


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