Quoted:
So here s the deal ARFCOM,
Long story short I was divorced in 2009 just a handful of days prior to a Afghanistan deployment. Wanting it to be fair I gave the house to my ex for my daughters sake. I had no legal rep and was very emotionaly broken. At the time I was duped into signing a quit claim deed to the house, not realizing that it did not remove me from the mortgage.
Fast forward to today I am in the process of filing motions to enforce(divorce decree states i will be protected from all financial harm from the house) to get the courts In Vermont to force her to remove me from the mortgage because her inabilility to pay, has destroyed my credit. During the status hearing yesterday I was brought to light that she may be filing for Bankrupcy. I am unsure as of to which chapter.
If my ex does go through with it, I am assuming that I will be wholly responsible for the mortagage. Does that render the quit claim deed null and void? If not can the quit claim be reversed? Can I become the sole owner if she claims the house in said bankrupcy and in turn sell the house outright? Im am really trying to figure a way of not getting hammered on this. I can assume some financial liability but I refuse to let my credit be destroyed further, If it were not for this I would have a steller rating
If any one has any experience in this matter or legal know how in the area of divorce/property/bankrupcy law it would be very much appreciated!!!!!!!
Regardss to all, SGT Bell
I don't deal with bankruptcy and don't practice in Vermont, but my impression is that you are seriously in trouble. The quit claim deed would still be valid and she would still be the owner of the property, even with the bankruptcy. In addition, i don't see the quit claim deed being reversed. There are ways that deeds can be set aside, but they are only really applicable in very narrow instances (for example, a child convincing their elderly, incompetent parent to sign a deed transferring ownership of their property). I don't see any possible avenue here because by your own admission, you wanted to give her the house and just made a poor decision in the manner that you chose to do so (sorry to be blunt).
Being named on the mortgage and the deed of trust securing the mortgage is different than actually being on title and having an ownership interest in the house. Without that ownership interest, there is nothing that would allow you to assume ownership of the property and sell it. At this point, you essentially only have the debt of the house without any interest. If the ex signed a quit claim deed back to you or even making you a co-owner then you can work on selling the house (although if you were the co-owner it would require both people to consent). However, if she is filing bankruptcy or going to be filing bankruptcy soon, there is a big potential problem with any transfer of ownership because it could lead to a claim that there is an attempt on her part to either conceal or diminish her assets and potentially the bankruptcy court could order that the transfer be undone.
The one thing that I don't know how will affect this situation is if she reaffirms the debt for the house and keeps it. I don't know how this would impact the mortgage company and what they have the ability to do. My initial thought is that it probably wouldn't help you because you would still be liable for the note.
This goes without saying, you really need to talk to a good lawyer in your area who is familiar with both bankruptcy and divorce matters.