The part of the house which is in your name won't be subject to her creditors in the bankruptcy (unless they have already filed liens on it). However, if the creditors (through the bankruptcy trustee) have the right to seize your mother's half of the house, then they could force the sale of the house and you'd only get your share of the proceeds. An important issue (at least in Ohio) is whether your mother lives in the house. Ohio has a $132,000 homestead exemption, meaning your mother equity is protected up to that $132,000 amount. For example: if the house is worth $400,000 and there is a $150,000 mortgage Your share and your mother's share are each worth $125,000 ($400,000 less $150,000 = $250,000 times 1/2 = $125,000). If your mother lives in the house, then she gets the $132,000 homestead exemption and has no funds at risk. If she doesn't live in the house, then there is no homestead exemption and her whole $125,000 is at risk and you better be planning on moving.
Answered on Sep 17th, 2014 at 12:31 PM