Is it legal to file a quit claim deed for my sister’s and my family home before I file for bankruptcy next year?

UPDATED: Sep 3, 2014

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Is it legal to file a quit claim deed for my sister’s and my family home before I file for bankruptcy next year?

I have never paid any bills/taxes on the home. My sister is 70 and I am 65. I’ve been married 47 years and owned our own home. Now we live in another state. Am I breaking any law to protect my sister for my mistakes with credit cards? We own our home in our current state of residence.

Asked on September 3, 2014 under Bankruptcy Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please understand that no legal specialist can advise you to defraud creditors, which is what transferring assets prior to bankruptcy can be considered. And a trustee can look back 2 years. I would strongly suggest that you seek help from a debt advisor (reputable) about possible options like debt consolidation or a home equity line of credit (which is deductible on your taxes). Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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