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Schedule A - Real Property Filing without spouse, my name not on title

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    Schedule A - Real Property Filing without spouse, my name not on title

    I am trying to file Pro Se so I am going over all of the paperwork to make sure I can do this myself before I make my decision. My question is, If I am filing without my spouse, My spouse owns our home, my name is not on the title. Do I list it on schedule A - Real Property? I am not in a community property state but it states on the schedule: If the debtor is married, state whether the husband, wife, both, or the marital community own the property.
    If my spouse is not filing with me do I even list it?

    #2
    First, Illinois is an Equitable Division state, not a Community Property state. Unless that home was purchased with marital funds, you have no "equitable" rights to the home. You don't have to list property you don't own. It would be like listing a friend's car that you borrowed.

    If you choose to list it, but just put an "H" in the column marked "H,W,B or J". However, since your "equitable" interest in the property is $0, you should put $0 in the "value" column. Which goes back to the main point... why even list it? You may be asked, though, if you own "your" home at the 341 Meeting. Make sure you answer appropriately that you "do not have any interest" in your "husband's property".
    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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