Married - declaration of separate households

[carswellr]

We are not living apart to take advantage of bankruptcy rules. With my income I qualify for Chapter 7. With both I do not.

The primary residence is held in tenants by the entirety. Will that be exempt?

[BobMango]

Not really sure, need a bit more information, like what state are you in and how much equity do you have, etc? As for the income for qualifying, that will depend on whether you are filing jointly or singly.

When we filed my wife and I were maintaining separate households due to a job relocation. We filed jointly but claimed expenses for two households and the trustee did not question it. I think they assumed we were getting divorced, but in reality my wife was just staying behind while my oldest daughter finished high school.

[carswellr]

State: Virginia

Equity in primary residence: $300k, but difficult to determine

I'm considering filing singly under Chapter 7.

We are planning to divorce.

I will swear under oath I am not living separately for bankruptcy purposes. I have lots of documents to support this. We have an Agreed Order granting her exclusive use of the primary residence. There is no "legally separated" in Virginia. We have a custody and visitation agreement also, but we do not have a property settlement.

[carswellr]

Is there a way to change my handle? I didn't see it under "Edit Profile."

[carswellr]

Bump

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[carswellr]

List of 341 questions...

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[carswellr]

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