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Question about home owed w/ ex-husband who still occupies it ~

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    Question about home owed w/ ex-husband who still occupies it ~

    Okay first and foremost, there's a typo in the title that bugs me, it should be QUESTION ABOUT HOME OWNED....

    I am in the process of starting my workbook that the attorney gave me so that we can file Chapter 7, we have passed the means test. The question in the workbook asks about property owned. I own a timeshare which I've gotten a copy of the deed to provide the attorney with along with any other info. But, I also am on the deed to a home that I lived in with my ex-husband. He is on the first mortgage solo but my name is on the home equity line of credit along with his name. I noticed on my credit report that he's 6 months behind on the equity line through Wells Fargo and that the loan has also been sold to another lender. It doesn't show on my report who it's been sold to. The ex and I also owe separately huge tax debt. I've learned he's lost his job, collects unemployment and has worked out something with the 1st mortgage company so he continues living in the house.

    How do I answer this question on the worksheet? What info. do I provide the attorney as far as a deed or mortgage info? I have limited knowledge of mortgage payments, etc. since I haven't lived in the home for the past 5 years. Also, in our separation papers the ex was supposed to buy me out of the house and give me $30,000 in exchange for me signing over the deed to him. This never happened, he has no funds and has refused to do it anyway. This is confusing for me and I can't talk to the attorney about it until I fill out the workbook and come up with $500. Should I get a quitclaim deed prepared prior to the 341? Anyone else gone through this?

    Help!

    #2
    Okay I see that my thread has gotten 69 views but no replies??? Someone has to know something about this....pretty please.

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      #3
      I don't know the answer to you question however when I filed chapter 7 when I got divorced my ex owed me $5,000 more due to the sale of our house but he hadn't given it to me. Because we owned a business together and we just closed it I included him on my BK so he wouldn't be able to come after me for any business debts. I had to file because of him talking me into taking personal loans to keep the business afloat anyway. I had to sign a document saying that I was relinquishing my right to that $5,000 if I ever received it. He never did pay me for it so I never had to give it up. I would guess you are going to have to include that $30,000 somewhere in your paperwork, for when he does sell the house or get any profit from it. I suppose you could sue him and put a lien on the house but if you don't think you are going to get it you might just let it go.

      Disclaimer: There was a lot going on at that time so my memory might be a bit off about what exactly the situation was with the $5,000 but that's what I remember about it. I had to give up my right to it.
      Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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