What is the name of your state? TX
Here are the basic facts: Husband and wife have filed for divorce but it is not yet final. The only asset is a mobile home that has little equity in it. The mobile home is in both their names. The wife is going to declare bankruptcy very soon (before divorce final). It is my understanding that even if the wife is discharged, the mobile home company (who financed the purchase) will still have recourse by going after the husband. That is really not a concern here because the husband is totally incapacitated and has no money or resources anyways. However, the guardian of the husband still wants to get the husband's name off of the title so that he will have no assets and be eligible for governmental assistance. It was mentioned in a previous post that mobile homes are treated like automobiles given the fact that the underlying real estate is not owned by the mobile home owner. I understand that to mean that the husband cannot do some sort of quitclaim deed. Therefore, how would he transfer his interest to the wife when the mobile home company is retaining the "title" until it is paid off. They both could probably go the lender and have it refinanced in her name only. However, is there anything that can be done short of that, which would be the equivalent of a quitclaim deed?
Here are the basic facts: Husband and wife have filed for divorce but it is not yet final. The only asset is a mobile home that has little equity in it. The mobile home is in both their names. The wife is going to declare bankruptcy very soon (before divorce final). It is my understanding that even if the wife is discharged, the mobile home company (who financed the purchase) will still have recourse by going after the husband. That is really not a concern here because the husband is totally incapacitated and has no money or resources anyways. However, the guardian of the husband still wants to get the husband's name off of the title so that he will have no assets and be eligible for governmental assistance. It was mentioned in a previous post that mobile homes are treated like automobiles given the fact that the underlying real estate is not owned by the mobile home owner. I understand that to mean that the husband cannot do some sort of quitclaim deed. Therefore, how would he transfer his interest to the wife when the mobile home company is retaining the "title" until it is paid off. They both could probably go the lender and have it refinanced in her name only. However, is there anything that can be done short of that, which would be the equivalent of a quitclaim deed?