House in Spouse's Name, are we OK?

[patgibson]

Hi all. Have been reading this forum for a while, and figure it's time I start posting.

My question: We live in a non-community property state. The house and mortgage is my spouse's name (approx 30k equity). If I file for ch 7, is the house ok since it's never been in my name, nor is the mortgage? How do I list this when filing?

Kind thanks for your input

[SunshineGal]

Hi Pat, welcome to the forum! My initial thought is that since the house isn't in your name and your spouse isn't filing, you wouldn't even list it. But, this could get complicated by the state laws with regards to real property. For instance, in the state of FL, you acquire a right in the homestead property as soon as you say "I do", although I'm not sure how that applies for BK. My best suggestion is to visit a few attornies for free consults and then you'll know for sure how the local bk courts view it.

SG

[patgibson]

Thanks for the input Sunshine! Does anyone else have any opinions on this?