I'm back with an update...

[ab33arch]

so from my first original post http://www.bkforum.com/showthread.ph...d-questions...

i have gotten a letter from one of my credit cards that i am being sued. i wrote a thread about that also....

so as of right now, my court date for the lawsuit is the beginning of March.
I am planning to file end of January.

guess i have a few questions that i may or may not have already asked but its more for my piece of mind i guess....

1) my brother and fiance lives with me, do i consider them as roommates and just put down a set amount for 'income' that they contribute?? or do i have to add all their paystubs and bank statements also??

2) is it likely that the court will have my income tax return taken from me when i file?

3) since I am not reaffirming the mortgage, does my ex have the right to kick me out if he chooses to live there? since i dont think he is filing bankruptcy and the house is in his name as well..... ??

i will probably be on here more now that i'm reaching the beginning of the actual process...thanks everyone for your help and support so far and in advance :-)

[scorpion35]

so from my first original post http://www.bkforum.com/showthread.ph...d-questions...

i have gotten a letter from one of my credit cards that i am being sued. i wrote a thread about that also....

so as of right now, my court date for the lawsuit is the beginning of March.
I am planning to file end of January.

guess i have a few questions that i may or may not have already asked but its more for my piece of mind i guess....

1) my brother and fiance lives with me, do i consider them as roommates and just put down a set amount for 'income' that they contribute?? or do i have to add all their paystubs and bank statements also??

2) is it likely that the court will have my income tax return taken from me when i file?

3) since I am not reaffirming the mortgage, does my ex have the right to kick me out if he chooses to live there? since i dont think he is filing bankruptcy and the house is in his name as well..... ??

i will probably be on here more now that i'm reaching the beginning of the actual process...thanks everyone for your help and support so far and in advance :-)

2) Highly likely that the court will take your return unless u get it before u file and spend it on things u need ,not luxuries

[tcreegan]

Hi ab33arch, welcome back!

1) my brother and fiance lives with me, do i consider them as roommates and just put down a set amount for 'income' that they contribute?? or do i have to add all their paystubs and bank statements also??

You include their 'regular contribution to the household expense' as income. You won't need their documents.
(assuming, of course, they are not in the household size. If you count them in your household then you have to add in their income)


2) is it likely that the court will have my income tax return taken from me when i file? New Jersey, right? Since NJ exemptions stink, and you have the choice, you use the federal wildcard to exempt your tax refund. If I remember right, there is no equity in the house..? If you don't need it for a house, federal exemptions let you use any unused homestead exemption as a wildcard, up to ~10K If you don't exempt it, it really depends on the trustee and the size of the refund.

3) since I am not reaffirming the mortgage, does my ex have the right to kick me out if he chooses to live there? since i dont think he is filing bankruptcy and the house is in his name as well..... ?? ....got me on this one....your liability for the mortgage goes away, but you stay on the deed. He is liable for the whole mortgage now. ...hmmmm...what was determined in your divorce settlement?

Welcome back, nice to see things are progressing for you!

Tom in Colo

[ab33arch]

1) my brother and fiance lives with me, do i consider them as roommates and just put down a set amount for 'income' that they contribute?? or do i have to add all their paystubs and bank statements also??

You include their 'regular contribution to the household expense' as income. You won't need their documents.
(assuming, of course, they are not in the household size. If you count them in your household then you have to add in their income)

They live with me so don't I have to consider them part of the household size?


2) is it likely that the court will have my income tax return taken from me when i file? New Jersey, right? Since NJ exemptions stink, and you have the choice, you use the federal wildcard to exempt your tax refund. If I remember right, there is no equity in the house..? If you don't need it for a house, federal exemptions let you use any unused homestead exemption as a wildcard, up to ~10K If you don't exempt it, it really depends on the trustee and the size of the refund.

Yes, NJ....ok, sounds good so far.

3) since I am not reaffirming the mortgage, does my ex have the right to kick me out if he chooses to live there? since i dont think he is filing bankruptcy and the house is in his name as well..... ?? ....got me on this one....your liability for the mortgage goes away, but you stay on the deed. He is liable for the whole mortgage now. ...hmmmm...what was determined in your divorce settlement?

I'm not even sure if my ex cares enough to fight me on who stays in the house after I file. There was no divorce settlement, we were never married. House was bought as tenants in common I believe.

Thanks for welcoming me back and for your help! I hope things go smoothly for me. lol :-)

[AngelinaCatHub]

Since you were never married, does he pay anything on the house now? If he isn't living in it, why is he paying anything at all. You can continue to pay through and stay (dependent on the mortgage agreement) and stay but someone has to pay the whole monthly payment or the house goes away. 'Hub

[tcreegan]

Hi again ab3arch,

They live with me so don't I have to consider them part of the household size?

The system is set up w/ only spouse and dependents in the household size, so excluding them is a given. Some courts have varied from this and allowed unrelated roommates to be included in the household size, but these are exceptions to the rule.

Unlike Federal law, NJ recognizes civil unions between unmarried couples so you and ex have same standing in state law. NJ has tenancy by entirely but is not a community property state. I have to go w/ Hub on the mortgage, as long as someone is paying to keep it current you should be able to stay. Doesn't matter who pays, but I would guess no-pay = no-stay

...but I am not a bankruptcy/family/real estate lawyer from NJ !!!

Tom in Colo