If you own 21% of the house that will not be part of the bankruptcy estate. Just your partner's share go into the bankruptcy estate. If she cannot exempt her share of the house then the bankruptcy estate will take the house and the trustee will sell it and you will receive 21% of the proceeds of the sale. Your share is not at risk so long as you can prove that you own that share of the property. Transferring the property will do her no good and will probably do her a lot of harm including being accused of bankruptcy fraud and the transfer can be set aside by the trustee anyway. She could be denied a discharge and even face criminal charges. She will have to declare the transfer of the property in the bankruptcy petition and if she doesn't then she could be committing perjury also. There is nothing really you can do and probably nothing that you need to do so long as it is clear that you own 21% of the property. If not, then start getting your evidence together such as the source of the downpayment documents, etc. You might be able to buy your friend's share of the house from the trustee if you want to keep the house and can afford to do that. The trustee can sell the house even without your permission with a court order but you will be entitled to your share of the sale proceeds if you can prove you own 21% of the house. Whether or not you are an alien does not matter. Tell your friend to make sure she consults with a local bankruptcy attorney before doing anything. What she is planning to do as far as transferring the property before filing is very dangerous and you should stay out of it completely. If you are found to be involved in a conspiracy to commit bankruptcy fraud you will also have serious problems.
Answered on Jan 04th, 2011 at 5:43 PM