Legal Question in Bankruptcy in Nevada

Divorce before bankrupcy?

My husband purchased 2 rental homes in Illinois to rent to his grown children. My name is on one and the other was purchased behind my back and is only in his name. Kids can't pay rent and are in the rears to the point of my husband wanting to file bankrupcy. My mother recently died and left me royalty gas rights in Louisiana. It is still in the process of being recorded, etc. I know I would loose this if he claims bankrupcy. Could I divorce him and not loose the royalties? Should have divorced him when he purchased the homes!


Asked on 6/26/08, 4:15 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Divorce before bankrupcy?

If you are not on the Illinois loans there is no reason for you to file bankruptcy. Further, your mother's inheritance is separate property, to which he has no legal rights to. Only if you want to give him some of it, will the bankruptcy trustee take it, so don't give him any.

I don't recommend a divorce to save the royalties but if you want to divorce him for buying the homes, please give me an email.

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Answered on 6/26/08, 5:55 pm


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