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Because it is their land, their home.
If you want to collect the depreciation your insurance company withheld from your claim payment you must make the repairs to your home. After you make the repairs contact your insurance company and they should issue a check for the depreciation.
You should report having a dependant in the home.
You will have to check your home owner's policy. It is a contract that you have with the insurance company and will specify how long you have to file a claim.
I WOULD LIKE TO KNOW THE WORDING THAT GOES INTO THE SPOUSAL WAIVER. The "Spousal Waiver of 703.140b exemptions" that I am referring to in this answer is actually called the "Mutual waiver of right to claim state exemptions other than those provided in California Code of Civil Procedure 703.140(b), during pendency of bankruptcy case." It is a document that is signed by married couples when one spouse wants to file bankruptcy in California individually (and not jointly with their spouse) and they want to use the 703.140b exemptions. (This waiver is certainly used in the southern district where I practice). Exemptions are the things that allow you to keep property in a bankruptcy. Without exemptions your property would be taken and sold by the Trustee to satisfy your debts. There are two sets of exemptions in California. One set is called the "non-bankruptcy exemptions" and this is the set that contains the homestead exemptions. These are listed under CCP (Code of Civil Procedure) 704. If you don't own a home or if you don't have equity in your home then most people would choose the 703.140(b) exemptions when filing a bankruptcy because the 703 exemptions contain the very generous "wildcard" exemption. The wildcard (modeled after the federal exemption statutes) allows you to keep any type of property at all (even cash) with a value up to approximately $20,000. (Check for the exact amount at the time you are considering filing bankruptcy). The spousal waiver is necessary in California because both spouses must agree on which set of exemptions they will both take together. If they don't choose or if they can't agree on which exemptions they want then they get the non-bankruptcy 704 homestead exemptions by default. They would both then lose the wildcard. By signing the Waiver both spouses waive their right to claim any state exemptions other than those provided in 703.140(b) during the pendency of their chapter 7 bankruptcy. That means that if they sign then the agree to use the 703 exemptions (wildcard) and they waive or give up their right to use the 704 homestead exemption. In my experience most chapter 7 bankruptcy filers want this set of exemptions so most couples sign the document and they get their wildcard exemption which they must now share. The wording of the waiver comes from CCP 703.140(a)(2) so check out that section of the law to see where it came from but the effect of it is as I described above. For more bankruptcy information check out my website and my blog at www.farquharlaw.com.
Every person that files for bankruptcy or has a judgment awarded against them in a lawsuit is entitled to certain property exemptions. Exemptions are determined by the state law where the person resides. For homeowners the most important would be the homestead exemption which can be used to protect a home from a forced sale. Even if the home cannot be kept, the person can claim the maximum homestead amount allowable under state statutes.
Your take home salary will vary depending on how many exemptions you can claim with the IRS. It also depends on what else is being taken out like uniforms or a 401K. The average take home pay would more than likely be around 47,000 dollars a year.
It depends on the language of the policy. Some cut a check directly to you if the claim is under a certain monetary amount. But usually according to you escrow documents, the contract says the bank will need to be put on the check. If they cut a check to you mortgage company you name will also be included on the check and they will mail the check to you. The insurance does this for many reasons, but one is, let's say you foreclose on the home and keep the insurance money; the bank will make a claim to the insurance because the bank owns the home too and they are listed as a payee as well as you. The insurance will have to pay the claim twice due to their error.
Since it was caused by the vehicle, the vehicle insurance should cover it. Most home owners insurance companies would probably make a claim against the auto insurance company, if they covered it.
Most insurance companies will not insure a vacant home. There are provisions depending on how ling you have been out of the home. Check your policy.
They should not drop you before a claim is settled. If they have contact your state department of insurance and file a complaint.
Yes you most definitely should :P