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Question Detail: My ex-wife filed a Utah Chapter 13 bankruptcy prior to our divorce being granted. We didn’t resolve the community property, and now I want to short sale the property. She has refused to sign a quit claim deed, stating that she has protection from signing anything per her bankruptcy protection. Can I get the Trustee of her bankruptcy to allow the short sale? Or must I request through a court for her to quit claim the property.
Answer: Generally speaking, as part of bankruptcy proceedings, in order for a person to transfer any property the debtor needs to file a motion to sell or transfer property and have the bankruptcy judge approve it. – See more at: https://craigswapp.com/blog/bankruptcy/how-can-i-get-my-ex-wife-to-quit-claim-after-she-has-filed-bankruptcy#sthash.aXk2UuxT.dpuf
Written By: Ryan Swapp Legal Review By: Craig Swapp