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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 03-25-2000, 10:51 AM
anita4e
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My BK was filed in 1993, and My attorney informed me that the debt of 80K was discharged. He wrote a letter to my ex-husband's attorney informing him of this.
I had been married to him for 2 1/2 years, but had owned the property prior to marrying him. Even though my debt was discharged, he remains on my Deed. How do I remove him. He is not available, or cooperative.
  #2  
Old 03-26-2000, 10:41 PM
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How did his name get on the deed? If you gave him an interest in the property it is his, unless and until a court orders otherwise.

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Old 03-30-2000, 04:22 PM
Tracey
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Why wasn't ownership of this property covered in your divorce settlement? If the divorce awarded you the property, your ex has an obligation to sign a quitclaim deed over to you. If he refuses, you can drag him into court on contempt charges. Talk to your old divorce lawyer about why s/he didn't do this.

An alternative is to pursue an adverse possession claim against him. You tell the court that you have acted like the property was your and not let him anywhere near it for the required number of years (7-20 depending on your state) and the court removes his name from the title. You have to check if your state allows adverse possession against a spouse/ex-spouse.
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