QUESTION
How could I get my ex wife to quit claim after she's filed bankruptcy?
Asked on Sep 01st, 2015 on Bankruptcy - Washington
More details to this question:
My ex-wife filed Chapter 13 bankruptcy prior to our divorce being granted. We didn't resolve the community property, and now I want to short sale the property. She has refused to sign a quit claim deed, stating that she has protection from signing anything per her bankruptcy protection. Can I get the Trustee of her bankruptcy to allow the short sale? Or must I request through a court for her to quit claim the property.
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can't force your wife to quit claim the property or to accept the short sale. Usually, it is in a person's best interests to quit claim and avoid having a foreclosure case on her credit report but common sense is an uncommon commodity. If may be necessary for the trustee to approve any quit claim or short sale depending on the terms of her Chapter 13 plan.
Answered on Sep 02nd, 2015 at 1:46 PM
If you have the legal right to proceed, then you would need to obtain a lift stay order from the bankruptcy court to have the right to unilaterally sell the property. I am not convinced based on what you have described that you have any legal right to proceed.
Answered on Sep 02nd, 2015 at 10:38 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You need to file a motion and get court authority. If the house is community property, her filing made the community property, property of the estate. Court approval is needed to do anything with it. You need something like a motion for relief from stay and/or allowing the property to be sold. It is not a form motion. There are a couple of other things that I can think of but they are exceedingly complex and might not apply.
Answered on Sep 01st, 2015 at 6:15 PM