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Can my husband quit claim our free and clear home to me after my Bankruptcy has been discharged?

I filed bankruptcy recently and will be getting a divorce soon. My husband is giving me the house, but when he purchased the home, he paid cash for it, and he is the only person vested on title. I filed bankruptcy, on my own without him a few months ago, and the creditors did not go after him for the house, but will they now try to take it from me, if he signs it over to me? by nefa32_680_196 from Detroit, Michigan. Dec 3rd 2012 Reply


Mike Schults (Mikeschults)
#199 ranked lender in California - 24 contributions

You need to talk with a BK Attorney about that one. My guess is you are good after the discharge but still would ask someone that does BK's. for a living.Now if you need a Mortgage Loan we can do that for you after two years from Discharge of a BK.

Dec 3rd 2012
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

Contact your attorney who did your BK.. Since your question is more of a legal question rather than a mortgage related question... he should be familiar with laws in MI... and should be able to properly advise you... I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Dec 3rd 2012
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Gus Dahlgren (gdahlg_811_422)
#32 ranked lender in Michigan - 48 contributions

If the property is in the state of MI you automatically have an ownership interest in the property the day you married your husband even though you were not originally on the title. This is due to Dower Rights in Michigan. You should talk to an attorney to be sure. What type of Bankruptcy did you file? I don't thing the creditors can come after the house if it's a primary residence if your husband deeds it over to you.

Dec 3rd 2012
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Mike Silkworth (msilkw_195_870)
#29 ranked lender in Michigan - 531 contributions

You really want to talk to your attorney about this. I would ask him/her if you are allowed to own a home and what the value can be - my guess is his answer will be that you can own one and it may not effect your bankruptcy based on the value. I would also be concerned that even though the quit claim deed transfer could happen after the BK is done, that you may be required to disclose that this is going to happen. You really need to talk to your attorney to ensure you are doing things in the correct order and what your disclosure obligations are to the BK Trustee and BK Court. Best of luck to you and sorry to hear about the divorce.

Dec 3rd 2012
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It was a chapter 7 Bankruptcy, and I'm waiting for a return call from the attorney I did the bankruptcy through. Thanks to all of you for your feedback, this really helps!!

Dec 3rd 2012
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Mike Silkworth (msilkw_195_870)
#29 ranked lender in Michigan - 531 contributions

You will want to confirm this through your BK attorney - but this is my understanding of your situation: You are allowed to keep a primary residence through a BK up to a certain value. And since your BK is finished and you are now going to receive the home via a Quit Claim Deed after your BK is discharged your former creditors can't come back after you or your house. There would be an exception to this if you misrepresented information on your filing. This should be a short phone call with your lawyer to confirm this information. Good Luck -- This may sound funny coming from a person who earns a living lending money -- I would strongly suggest that you start making a home payment to yourself (savings account) so you don't every have to borrow against the house in the event of a sudden repair like a furnace breaking. Owning a home free and clear is awesome and it would be great if you can keep it that way.

Dec 3rd 2012
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