QUESTION

If my husband files bankruptcy but I don’t, can they mess with our house?

Asked on Mar 13th, 2017 on Bankruptcy - Michigan
More details to this question:
My husband has incurred a lot of unsecured debt. He wants to file bankruptcy and I do not. Our house is in both of our names and has about $50,000 equity. Can they make us sell our house or put a lien against it if he files and I don't?
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8 ANSWERS

If you have $50K in equity, you have nothing to worry about. You may want to double check your numbers. If I were you, I would pay an experienced BK Lawyer for one hour of their time to properly guide you. You could be creating a number of issues for yourselves otherwise.
Answered on Jun 05th, 2017 at 8:23 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes.
Answered on Jun 05th, 2017 at 8:23 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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MESS WITH OUT HOUSE is sort of a vague term. There may already be a lien against your home if you and your husband have failed to record a declaration of homestead with the county recorder. In Nevada, it is possible to exempt up to $550,000 in equity in a home if you have owned it for more than 3 years.
Answered on Jun 05th, 2017 at 8:22 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In Ohio, there is a $132,000 exemption for your residence. So, they can't do take your home or put a lien against it.
Answered on Jun 05th, 2017 at 8:21 PM

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First things first: retain an experienced bankruptcy lawyer in your locality. It's almost always worth the investment. Second, what are the exemptions available to you? (Some states have their own exemptions, which apply in and out of bankruptcy; others use the federal list in 11 USC sec. 522). In general, you are entitled to one-half the homestead exemption, but the situation can get complicated, e.g. if you live in a community- or marital- property state. It's unlikely that anyone who is not It's unlikely that anyone who is not your creditor can place a lien on your presumable one-half interest in the real estate. It's not unusual for one spouse to file, and the other, usually with a better credit score, does not. But it's important to do as you are now doing, and explore the consequences. Again, a good local BR lawyer is your best bet.
Answered on Jun 05th, 2017 at 8:43 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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No, he should be able to exempt out his 50% depending on what state you are in and depending if Federal Exemption Scheme or State. Talk to Counsel in your jurisdiction.
Answered on Jun 04th, 2017 at 8:58 AM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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No, Your $25000 equity would be exempt in a Michigan bankruptcy.
Answered on Jun 04th, 2017 at 8:58 AM

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The equity probably can be exempted from the case.
Answered on Jun 04th, 2017 at 8:58 AM

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