Does my wife's home count as an asset against me in my own chapter 7 bankruptcy to discharge my personal debts?

Asked 11 months ago - Bloomfield, NJ

My wife owns a home with some equity, but home was hers before we married and remains in her name only. We live in that home now, and I help her some with her mortgage expenses. Is her home something that I need to declare in my own chapter 7 and will it count as my own asset, thus making it more difficult for me to get a discharge? She does not want to or need to file bankruptcy for herself.

Attorney answers (5)

  1. Bruce C Truesdale

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . If the home has always been in your wife's name and you have never been on a deed to the home, it is not an asset of your bankruptcy estate and does not need to be included on your petition. My colleagues' earlier answers are correct as applied here in NI.
    Bruce C Truesdale

  2. Wendy Erin Morris

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . When you file a bankruptcy case, you only list the property that you have a legal interest in on the day that you file. So unless your name is on the deed or your wife have granted you some form of interest in the property (i.e., life estate, etc.) it does not get listed in your personal bankruptcy as being one of your assets that a trustee/creditor could possibly sale and distribute to creditors. Based on your explanation, it does not sounds as if you have a legal interest in the house (other than maybe a possessory interest to live there).

    I am only licensed in the state of Illinois. This is only my general observation about the law and my experiences... more
  3. David Eli Larson

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Wendy gave you the right answer as far as I know. What she told you would be true in Ohio where I practice, but you need to talk to a bankruptcy lawyer in the state where your wife will be filing bankruptcy. Then you will be able to get a definitive answer.

  4. Steven R. Neuner

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The home is not your property and need not be disclosed in your filed schedules. It will not affect your bankruptcy. You should be prepared to show the trustee the deed etc to prove your wife's separate ownership.

    The foregoing answer is for informational and educational purposes, not for purposes of legal representation. This... more
  5. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . You really need to talk with a bankruptcy attorney in NJ, as it may be a community law state.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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