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Real Property/Divorce question
Here are the facts as best as I just got them described to me:
H&W are either divorced or in the process of being divorced, but the property settlement has not been completed. W files a Ch. 13 case.
Apparently their residence was purchased during the marriage and taken, inappropriately, in the names of their minor children. The mortgage loans were also taken in the names of the minor children. W has been paying the mortgage.
H calls me to ask what he can do in the BK case to be sure he is able to keep his share of the proceeds of the house pursuant to whatever the family law court ultimately rules (which would probably be his 50% C/P share.
Is this as complicated as it sounds? Can we/must we/should we get relief from stay to allow the family law court to do a quiet title action on the property to determine who really owns it? (I haven't yet checked to see if W even scheduled the property on her BK petition).
Are there other ways for H to protect himself?
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
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Here are the facts as best as I just got them
described to me:
H&W are either divorced or in the process of
being divorced, but the property settlement has not been
completed. W files a Ch. 13 case.
Apparently their residence was purchased during the
marriage and taken, inappropriately, in the names of their minor children.
The mortgage loans were also taken in the names of the minor children. W
has been paying the mortgage.
H calls me to ask what he can do in the BK case to
be sure he is able to keep his share of the proceeds of the house pursuant to
whatever the family law court ultimately rules (which would probably be his 50%
C/P share.
Is this as complicated as it sounds?
Can we/must we/should we get relief from stay to allow the family law court
to do a quiet title action on the property to determine who really owns
it? (I haven't yet checked to see if W even scheduled the property on her
BK petition).
Are there other ways for H to protect
himself?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
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