I think the lawyer gave me wrong information

[nervous1]

I met with an attorney last week. The only "concern" he had was the homestead exemption. I'm not sure about the current value of our home, so not sure if our equity would exceed the amount allowed. He specifically told me it was $10,000 since I was filing alone. (Georgia)

However, I read in the NOLO BK book that the exemption is $10,000 for a single filer and $20,000 for married - whether or not the spouse is filing.

I also found this online:

"$10,000 (up to $20,000 if married whether the spouse is filing or not)"

The attorney knew I was married, because we discussed in detail the reason my spouse was not filing. I've been worried for the past week about this....I AM interpreting this correctly, right?

[LadyInTheRed]

I did a google search and found several sites that say a single filer who is married can double the exemption and several sites that say both spouses must file to double it. I pulled up the actual law and can see why there is conflicting information:

In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $20,000.00;

http://law.onecle.com/georgia/44/44-13-100.html

It's pretty badly written, but I think it says if title is in the name of one of two spouses and the spouse whose name it is in is the debtor, the exemption can be doubled. I suggest you meet with a couple more attorneys and see what they say.

[nervous1]

I did a google search and found several sites that say a single filer who is married can double the exemption and several sites that say both spouses must file to double it. I pulled up the actual law and can see why there is conflicting information:

http://law.onecle.com/georgia/44/44-13-100.html

It's pretty badly written, but I think it says if title is in the name of one of two spouses and the spouse whose name it is in is the debtor, the exemption can be doubled. I suggest you meet with a couple more attorneys and see what they say.

Thank you. It occurred to me after I posted, that perhaps it can be doubled only if both names are on the deed. In our case, when we bought the house, only my name was put on the deed. However, after reading your post, it is confusing. My name IS on the deed, but it is "one of one," not "one of two."

A good lawyer could probably argue it either way

I'm talking to another lawyer, hopefully today. (She only does the first phone conference at no charge.)

[LadyInTheRed]

The way I read it, it's not one of two on the deed, it's one of two spouses. I think they used way too many words to say a married single filer who is on title. Yes, I could see lawyers arguing this in court. Badly drafted law is a great money maker for lawyers.

If there is no case law on the issue, one way to try to figure out what the legislature intended when passing a law is to check the legislative history to see if there is any indication on what was intended. If you are so inclined, you could go to a law library and ask a librarian to help you look up the legislative history. But the easier thing to do is find an experienced attorney who knows how the local trustee and court has been interpreting the language.