UH OH! I just remembered

[doglover]

Reading dovettas post made me remember this : My husbands name is on a piece of heir (sp?) land. His Father passed and left him about 1/2 acre and an old raggedy house on it, lol. It's in another state and his Mother lives there. Can't be sold just passes down. What should we do???????

[gunsmoke]

nothing

[lrprn]

My husbands name is on a piece of heir (sp?) land. His Father passed and left him about 1/2 acre and an old raggedy house on it, lol. It's in another state and his Mother lives there. Can't be sold just passes down. What should we do???????

If his mother is living there now, did his father leave the the current property and house to her and then she'll leave it to your husband when she passes away? (I'm trying to sort out who is considered the actual owner of the land and house right now, not in the future.)

[doglover]

I gues I left out some details. His parents were never married. My husband is an only child.....the land and house were passed down to his Dad from his Dads Dads Dads Dads Dads (you get the picture). His Mother has been living in that house since before his Father passed but since it is "heir land" his Dad couldn't put it in her name and when he passed away the deed was given to my husband with his name on it. Since his Mom lives there we don't pay anything as far as property tax, etc.... But the house and land are currently and will be untill my husband dies his property. When my husband passes I won't even get it neither will his Mother....it can and will only go straight to our daughter.

[lrprn]

Since your husband is the current owner of the property and the home, if he files with you then the property and home must be listed as assets and depending on their value, they could become vulnerable to your trustee seizing both for sale. I'm sorry to say that it won't matter than his mother is living there either.

You live in Texas which unfortunately is a community property state, so that really complicates things even if you file alone. Did your husband become the owner of the property while you were married? If he did, then that means Texas will see you as half-owner of the property and your trustee can go after your half if he/she thinks it's worth the return.

You need expert legal advice from 3-4 experienced Texas bankruptcy lawyers to understand how this property is going to be treated if you file bankruptcy. It definitely could be at risk, so make those appointments for free initial consultations and find out where you stand. Keep us posted - hope everything works out in your favor!

[doglover]

If my husband even thinks for a second that he might lose this property there is NO way that he'll go through with the BK. And I'm the realistic one in the relationship....it's either this or we lose our house!
How can a Texas trustee try to sell a peice of heir land in North Carolina? The land and house are pratically worthless, it's in the middle of no where. The deed was given to him before we were married...when he was 18 years old he got it. We file in less then 2 weeks.....UGH! And we both have to file becuase all the debts, especially house is in both of our names. I think I'm about to cry now. What happens if we go through with the BK and the courts/trustee find out (how I don't know) about the land and try to sell it without us knowing it. I wonder if he can put it in our daughters name?

[HelpThisGirl]

If you transfer property now, I think it's fraud.

[doglover]

But we are not gaining anything from this nor will we ever. He can't sell it and make money, he's not renting the house out. Ok I'm really going to cry now!

[lrprn]

If my husband even thinks for a second that he might lose this property there is NO way that he'll go through with the BK. And I'm the realistic one in the relationship....it's either this or we lose our house!
How can a Texas trustee try to sell a peice of heir land in North Carolina? The land and house are pratically worthless, it's in the middle of no where. The deed was given to him before we were married...when he was 18 years old he got it. We file in less then 2 weeks.....UGH! And we both have to file becuase all the debts, especially house is in both of our names. I think I'm about to cry now. What happens if we go through with the BK and the courts/trustee find out (how I don't know) about the land and try to sell it without us knowing it. I wonder if he can put it in our daughters name?

Whoa, slow down, doglover! You need to get expert legal advice first so you know where you stand and can make sound decisions for what's best in the long run for your family. Definitely DO NOT transfer the property into your daughter's name - that's trying to conceal assets and that's fraud.

Since the property and home may not have a lot of value, it may not be worth your trustee going after it. Experienced bankruptcy lawyers can tell you what to expect in this circumstance. They know how your local court and trustees treat situations like this - we don't.

Don't make ANY decisions about any of this and don't do anything until you talk to at least 3-4 experienced bankruptcy lawyers in your area first. Get the facts, then make the decisions that will work best for your family in the long run. Don't panic until you know whether there's really a reason to panic!

You're too early in the game to know yet where you stand in regards to the property. Go find out.

[doglover]

Ok thanks. I asked my husband and he said that we should get a copy of the deed (no he dosen't have one) and see what it exactly says. Is there somewhere online where I can look up property/deeds. I know there is here in Texas but what about other states. Thanks so much for ALL the help.