Originally posted by ColoradoBell
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Bankruptcy Attorney Issues
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The homestead is attached to the house, not a person. The tricky issue is this, if the husband no longer lives there, is he entitled to any of it? Arguments can run both ways but you have a strong argument that if only you live there, and he doesn't, that he is not entitled to any of the homestead; however, that argument is only appropriate in BK court. In family court, the situation is viewed differently. The homestead is simply an exemption from 3rd party creditors taking your home equity to satisfy a debt.
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