Quitclaim after divorce?

[Kris10Jordan]

So after being divorced for two years, I find out via a security question on eBay that I have not been removed as co-owner with my ex of a small piece of land with an older, run-down house. The day of our divorce, I told him to contact me if he needed anything from me to make the change. We were given the property by his grandfather. I never paid a cent into it.

So I'm thinking that I do a Quitclaim Deed before filing, but not try to hide it? If the trustee wants to pursue, then the ex is SOL for not taking care of business?

[AngelinaCatHub]

So after being divorced for two years, I find out via a security question on eBay that I have not been removed as co-owner with my ex of a small piece of land with an older, run-down house. The day of our divorce, I told him to contact me if he needed anything from me to make the change. We were given the property by his grandfather. I never paid a cent into it.

So I'm thinking that I do a Quitclaim Deed before filing, but not try to hide it? If the trustee wants to pursue, then the ex is SOL for not taking care of business?

Once you file, that land becomes property of your estate. I feel you would be starting off wrong as it would "look" like an attempt to hide assets. Bad start even if that is not your intentions. If you are part owner and in the divorce you agreed to hand over the property, that would be your defense. Check your divorce agreements. Let the Trustee make that choice to abandon or pursue. The ex had enough time to do it right anyway. 'Hub

[HHM]

1st, unilateral QC's are not valid.

However, so long as the divorce decree states that the land was supposed to transfer, if you do it on the eve of BK and fully disclose, there really is no downside for you that I can think of. If the trustee goes after, so be it.

[Kris10Jordan]

It was not stated in the divorce. I'm thinking just to leave it alone and let trustee decide.

[HHM]

It was not stated in the divorce. I'm thinking just to leave it alone and let trustee decide.

Good choice

[Kris10Jordan]

So...do I still list it as an asset? Do I play dumb, or do i go ahead and research the value, size, etc? I would not have known if eBay had not locked my account.

[AngelinaCatHub]

So...do I still list it as an asset? Do I play dumb, or do i go ahead and research the value, size, etc? I would not have known if eBay had not locked my account.

The best policy is 100% honesty. List it if you are on the Deed. You can list an explanation as well and bring the question up at your 341 when the Trustee asks about it.

If it was assumed that you were to return the land back to your ex, you might try a joint affidavit if you wish the ex to get it back. I'm not sure how that would fly, so, if you have a lawyer, best to get his thoughts. BTW, welcome to our family. 'Hub

[Kris10Jordan]

Thanks I am pro se... Not gonna bother getting a lawyer because my ex didn't take care of business!

[AngelinaCatHub]

Thanks I am pro se... Not gonna bother getting a lawyer because my ex didn't take care of business!

That too works.