If my husbandwas to file bankruptcy, would properties thathave been put in my name be affected?

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If my husbandwas to file bankruptcy, would properties thathave been put in my name be affected?

I am separated from my husband.

Asked on August 31, 2010 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Such action may lead to the denial of the discharge.  It depends on just when the property was put into your name. A transfers within 90 days prior to a bankruptcy filing will be presumed to be a fraudulent conveyance where the debtor did not get reasonably equivalent value for the asset or the transfer was made with the intent to hinder creditors.  And  transfers to "insiders" such as relatives (most especially to a spouse), made up to 1 year prior to the filing, may be voided.  Additionally, the "look back" period may be even longer under the laws of your state.

Right now, you really should consult with an attorney in your area.


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