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Whether or not a house is forfeited in a BK, depends on several factors. How the property is titled, the property exemption allowed, if the mortgage is in default, etc. Regardless of where your spouse lives, you are still entitled to the exemption, which is usually what determines the "fate" of the property. Contrary to most peoples' belief about BK, very few filers "lose their home". It is ususally surrendered voluntarily, because they are unable to make current payments and make up for those that are in arrears.

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Q: If filing bankruptcy jointly when the husband resides in the house and the wife in an apartment is there any way to keep possession of the house?
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Related questions

Can a mother and daughter file bankruptcy jointly?

the answer is yes, Yes mother and daughter can file bankruptcy jointly and also you and your husband will file bankruptcy jointly is still accepted as long as its not same sex marriage.


When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?

If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.


You live in Florida can you file bankruptcy on your debts with out it affecting your husband?

You can file bankruptcy individually instead of jointly but if your husbands name is on some of the accounts it may effect him. You would need to speak to an attorney and explain your situation in detail to get the right answer.


Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?

No


Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?

A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).


My husband was gifted a family business but I paid taxes on it from filing jointly can that make it mariatal property then?

it is your husband's


Can you open a separate bank account if you filed for bankruptcy jointly and are now separated from your spouse?

yes...if the bank agrees.


If I own my family home jointly with my husband my husband dies and i want to sell the house are any taxes payable?

In the UK, NO


How long after getting married do you have to wait to file jointly for bankruptcy?

My spouse and I filed 3 weeks after our marriage. I was told that it could be done immediatly.


Your husband and you are separated and he has a personal loan in his name alone that is secured by your jointly owned appliances and furniture Can lenders repossess jointly owned items if he defaults?

Yes.


If your spouse files bankruptcy will this affect you and your credit?

No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly. No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly because your obligation to repay joint debt will survive your husband's bankruptcy. For example, if your husband has a truck but the truck loan is in both of your names, you will be obligated to take over the entire debt if your husband files bankruptcy.


How many years can you file jointly with deceased husband?

The year in which your husband died is the last year you can file jointly, but only if you do not remarry in that year. For the next two years, you may be eligible to file as a Qualifying Widow with Dependent Child, which is a different status.