Ch 7 BK: ex-husband is still on the Deed

[tanyusik]

I'm filing ch 7 BK with 1st, 2d mortgage and several credit card debts. The homestead property still has both my name and my ex-husband's name on the Deed.

A. Should I remove him from it via Quit Claim Deed prior to filing?

B. Should I keep everything the way it is and let trustee handle it, in which case should I just list my 50% portion of the property value on BK schedules?

Please note that the mortgages are just under my name. I'm not intending to keep the property and my ex-husband can't afford to take over all the expenses and keep the property either.

[Flamingo]

What was the decision made on your property from your divorce and do you have a signed Agreement? The attorney handling your divorce should have advised you as to the Deed and property as anything in joint names needs to be taken care of after the divorce is final pursuant to any agreement between the parties at the time of the divorce. I would contact the attorney who handled your divorce as to what you should do as to the Deed.

[tanyusik]

Divorce has been completed last year. Per divorce decree ex-husband was supposed to take possession of the property and take over payments as well. Unfortunately he can't afford expenses now.
I didn't have an attorney in the divorce. But I guess the corrected procedure would be to remove my name from the Deed after divorce and for my ex-husband to refinance the mortgages under his name. But he doesn't qualify for the mortgage. That's why i wasn't in a hurry to take off my name from the title. Now the mortgages payments are behind and Bankruptcy is inevitable. I just have to figure out how properties with joint title are being handled in BK and how I need to copmlete the forms correctly.
If anybody has similar case or any helpful information, please let me know.

[Flamingo]

Your ex-husband's attorney should have taken care of the Deed as part of the divorce process if that was the agreement at that time. Your BK attorney can maybe help you out with all of this and take care of it for you but your husband will also have to sign as the Deed is in both of your names and a new Deed prepared in his name only.

[tanyusik]

I don't have money for attorney. I have to figure it out on my own.
If somebody knows an answer without refering me to an attorney, please let me know.

[Flamingo]

I don't have money for attorney. I have to figure it out on my own.
If somebody knows an answer without refering me to an attorney, please let me know.

You stated you are filing Chapter 7 - are you filing pro se? When it comes to names on Deeds and legal documents there are times when you do need an attorney because they may have to review documents associated with what you want done and also prepare the documents (i.e., Deed). If you are filing pro se you don't want to make a mistake here with this situation so you may need legal advice to protect you cause if you get incorrect advice and do it on your own, it can backfire badly. Do you qualify for legal aid?

[tanyusik]

Yes, I was planning to file pro se. Pretty much if I don't start transfering property to other people before filing, I should be ok. There is nothing illegal to keep the title the way it is. I just wanted to know if I should reflect only 50% of property value on schedule A.
I was planning to hire an attorney just to review my final set of filing documents, but not to represent me in court.
What is legal aid and how do I qualify for it?

[Flamingo]

Yes, I was planning to file pro se. Pretty much if I don't start transfering property to other people before filing, I should be ok. There is nothing illegal to keep the title the way it is. I just wanted to know if I should reflect only 50% of property value on schedule A.
I was planning to hire an attorney just to review my final set of filing documents, but not to represent me in court.
What is legal aid and how do I qualify for it?

Legal Aid is available through your State for people who make under a certain income and cannot afford an attorney. There are certain requirements and restrictions. References to phone number(s) should be listed in your phone book under your "state" section or on your state's website.

[2Bshinyandnew]

I'm filing ch 7 BK with 1st, 2d mortgage and several credit card debts. The homestead property still has both my name and my ex-husband's name on the Deed.

A. Should I remove him from it via Quit Claim Deed prior to filing?

B. Should I keep everything the way it is and let trustee handle it, in which case should I just list my 50% portion of the property value on BK schedules?

Please note that the mortgages are just under my name. I'm not intending to keep the property and my ex-husband can't afford to take over all the expenses and keep the property either.

What state do you live in? Is there any equity in the property?