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What about my car?

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    What about my car?

    The only asset I own is a car, valued at about $3,700, so it falls just within the limits of my states personal property exemption, which is $4K.

    But, even if it was over the limit, could it still be taken, given that it is titled to me AND my husband, rather than me OR my husband? We do not live in a community property state.
    Filed Chapter 7: March 19, 2012
    Discharged! June 28, 2012
    Closed! August 8, 2012

    #2
    It depends on what State you are in. If you are in a community property State, the "and" or "or" doesn't matter. I live in Florida, and here, "and", "or" and "tenants by the entireties" (TBE) are special designations.

    So I'll use Florida as an example. In Florida, if the title reads "and" then you each own a 50% divided interest. So if only one of you file, then the 50% of the equity in the property would be subject to liquidation -- unless of course you exempt it using an exemption. If you had titled it as "or", then you each own a 100% undivided interest and it would be subject to liquidation -- unless of course you exempt is using an exemption.

    So, it really depends on your State and since I don't know what State you are in, I can't reference or cite any statute that treats "and" as a divided interest.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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