Can my wife and do a partition of real estate if we are still married?

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Can my wife and do a partition of real estate if we are still married?

I want to file bankruptcy and take the hit while her credit improves. Her credit has improved and I do not want a foreclosure or bankruptcy to harm her.

Asked on January 5, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't, because at this point, any attempt to transfer property owned by the two of you into her name only would be seen--correctly--as an attempt to shield assets and defraud creditors and would be set aside or reversed by a court if a bankruptcy trustree or any creditor objected; and it's very likely one or more would. The courts do not allow non-bona fide transfers, especially to family, which are designed, intended, or have the primary effect of keeping creditors from being paid.


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