QUESTION
Do I have any legal recourse to make him sign a quit claim and would I still owe him the amount was abandoned?
Asked on Feb 01st, 2016 on Bankruptcy - Colorado
More details to this question:
I was divorced in 2003. My husband was dating his divorce attorney's secretary at the time and turned in divorce papers that we did not agree to and they were signed by the judge. I went back to court and the judge said the only thing that was finalized was our actual divorce and we would have to go back to settle the assets which we never did. In the papers that were signed, I got the house and he was to get half the equity which was around $9000 at the time. In 2005, he filed chapter 7 with his new wife and filed bankruptcy on the house we owned together. It was discharged as an unsecured debt and the $9000 that I supposedly owed him was abandoned. The house is now in foreclosure and I am trying to sell it but cannot because he refuses to sign a quit claim on it. He filed bankruptcy on it and it was discharged and his rights to the equity were abandoned.
5 ANSWERS
Sure would have helped to answer your question if you had told us what Chapter of bankruptcy your ex spouse filed. If the case is over, it could be too late for you to do anything. In any event, this situation is far too complicated to offer much of an answer and you will need a very experienced attorney in both divorce and bankruptcy law to carefully review the files. Expect to pay top dollar for this work.
Answered on Mar 04th, 2016 at 3:59 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There are several ways of working through this. A lawyer would help immensely. If his equity in the house was 'abandoned,' that means it was abandoned from the bankruptcy estate and back to him. So one way to proceed would be to return to the divorce court, tell them that he refused to comply with the signed agreement, and ask the court to approve the agreement. Then if former husband refused to sign a quit-claim deed, the family court judge can appoint you or your lawyer as an 'attorney-in-fact' to sign the deed on ex-husband's behalf. There are probably other ways to handle it as well. Check with the skilled lawyer whom you would retain.
Answered on Mar 04th, 2016 at 3:58 AM
You will have to petition the divorce court to order the court clerk to sign a quit claim deed vesting title in you. That is an educated guess. Someone will have to review both the court file and the BK file to give you definitive answers.
Answered on Mar 04th, 2016 at 3:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I suspect the house is yours but would have to review the history.
Answered on Mar 03rd, 2016 at 8:54 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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You have to file a Motion in the Divorce case and ask the judge to force him to sign.
Answered on Mar 03rd, 2016 at 8:53 AM