QUESTION
If I file Bankruptcy and wish to keep my residence, do I physically need to reside there?
Asked on Jun 21st, 2013 on Bankruptcy - Florida
More details to this question:
My name is on the loan and my husband is listed on the Deed. We are currently separated and neither one of us presently reside in the house as I thought we were going to sell it. Circumstances have changed and I may be relocating back to this property.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In order to claim the homestead exemption you must reside there. If you do not reside there, the trustee in bankruptcy may well be able to have it determined to be non-exempt and subject to the claims of creditors.
Answered on Jun 24th, 2013 at 9:23 AM