Legal Question in Bankruptcy in New York

Separation and Bankruptcy

I recently got a legal separation. We both own the marital home. It is stated on the papers that we will not be liable for each others debts.

I found out that my ex is going to file for bankruptcy. He left the house in 2004 and he incurred over 75,000.00 in credit card debt during that time. I also found out that he needs to list all his assets. He says he needs to do an appraisel on the home so that he can list the house as one of his assets.

He is ordered to give me 75,000.00 upon the sale of the home when sold to offset his obligation for the pension and alimony that was awarded to me.

Do I have to worry about this? Can I be liable for anything. He says no, but I do not trust him. I am afraid that if I try to sell the house, or buy him out, I will have a problem now because of this.

Any information you can give me would be greatly appreciated.

Thank you.


Asked on 5/01/09, 6:08 pm

1 Answer from Attorneys
Richard Feinsilver Richard S. Feinsilver, Esq.

Re: Separation and Bankruptcy

You may have a major problem. If there is equity in your property, a bankruptcy trustee can attempt to force the sale of your home to satisfy his debts.

I suggest that you seek a consultation ASAP

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Answered on 5/02/09, 8:02 am


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