Legal Question in Bankruptcy in Ohio
I have been going thru a divorce for 2 years . The day before our final hearing my husband files bankruptcy, he puts the house in bankruptcy and had his debt cleared. The loan was in his name but the house is in both of our names. I am current on the payment so they haven�t foreclosed on the house. Now his bankruptcy is done we are moving forward with the divorce now he wants half of the equality. He hasn�t lived in the house for two years and this wasn�t his residence for two years he has a mobile home. Will they give him half or will they say he gave up his right when he included it in his bankruptcy?
1 Answer from Attorneys
You should check with a bankruptcy lawyer and see if your husband listed the equity as an asset in his Chapter 7 case. If he did not, you may have an argument that he has admitted he has no equity or should be to reopen the bankruptcy to disclose the asset to the bankruptcy court. If he took a homestead exemption and doesn't live there, he may be flirting with criminal liability.
- BensonBankruptcy.com
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