PA exemptions, if married, but her name not on deed, only single 20k allowed?

[mm2009]

I'm a bit confused on this one.. a few lawyers i first saw told me that if we filed jointly for BK, that we could use 40K in exemptions (under state, i think it was state that was broader, but less exemptions vs federal, ie: keep car, keep house etc)..

We got married 2 years before moving in, but her name is not on the deed.

He tells me first off.. (we are separated but living together).. that we must remain in the house alltogether (household of 4) until it is final or maybe until hearing date, not sure which.. so i can meet the income requirement cutoff.. and that even if she joins me instead of me filing singly.. i cant get the 40k exemption.. (we have about 30K in equity based on a 6/09 appraisal.. or about 10k based on a 12/05 one)..

Does this sound right.. that even if she joins me, its still going to be 20K.. any experiences out there?

Thanks

[mm2009]

Does anyone have any idea if this sounds right?

Thanks much

[justbroke]

That's a very specific question and probably not many have direct experience. The Trustee can and has, in the past, challenged titles (even for a car). If you are filing singly, you usually don't get to use "joint" deductions anyhow.

As to your question if you both filed, would you be entitled to the doubled deduction, I still think it depends on your Trustee and creditors as to if you'll get an objection to the use of the exemption. If you are consulting attorneys and 4 our of 5 have the same answer... that's probably the answer.