Filing without your spouse

[Pinkbelle]

I am being sued for $2400 for discover. I have a few other cc debts that are going to probably sue as well. Long story - my daughter got diagnosed with autism/ocd, had to pay out of pocket for treatment so we got under water.

I am wanting to file chapter 7 solo. My husband is on the deed of our house ( he isn’t on the mortgage and I am not on the deed) We live in PA which I think I understand means it’s common law. Does that mean they can’t come after our house? We only owe 25k on it. Zillow states value is $80k ( I disagree bc it needs major repairs - needs a roof, two windows need replaced ) so if they were to include it we are screwed bc federal exemption wouldn’t touch the supposed equity.

[justbroke]

Do you mean that your husband is on the title, but on neither the mortgage nor loan? I know that persons can take title with the other be the only one on the note (loan), but usually both are on the mortgage even though the "title" is held by one. I don't know how a lender protects themselves in that case. Suffice it to say that I'm unsure of how your property, mortgage, and loan are held.

You will need a bankruptcy attorney that practices in Pennsylvania to determine scenarios in which a Chapter 7 Trustee may attack the home. Something that you certainly need reviewed. You would need that information before you could know if you need to worry about protecting any equity.

It would be interesting if you hold the note and there is no "deed of mortgage" that liens the property. You'd have an unsecured loan and that could be a windfall. That's why I don't understand how the property has a loan without the property being pledged by at least a co-owner.