Legal Question in Bankruptcy in Illinois

want to file bank ruptcy have house we owe on and one paid for. the one thats paid for is in my minor childs name and either my husband name or minor son they have the same name. my husband and i are seperated about to divorce,, how can we protect the house thats paid for? one of us will end up living in it soon and dont want to lose it.


Asked on 7/13/10, 3:33 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

If you can prove (which is easy to do) that the house you have paid for is not in your name then your creditors cannot reach it. The bankruptcy court only looks at the assets of the person filing for bankruptcy, and since Illinois is not a community property state, you do not have to file as a couple, which you would not be able to anyway because you are legally separated.

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Answered on 7/13/10, 7:11 pm


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