Ex filed BK (7) & i want to keep the house

In a Chapter 7 case, all real property owned by a debtor should be listed on Schedule "A". That schedule should reflect the estimated fair market value of the property and the amount of any debt secured against the property, e.g. the mortgage. The mortgage debt should also appear on Schedule "B", where secured debts are listed.

Since your ex husband is not on the deed, he should not be listing the home on Schedule "A", however he should be listing it on Schedule "B" since the mortgage debt he owes is secured against it. It may be that he is claiming some equitable interest in the home, even if he is not on the title.

You did not mention whether you were historically solely on the title or whether you may have been awarded the title in your divorce case. Thus, I cannot speculate on whether your ex husband has any claim relating to the house.

Your ex husband's bankruptcy trustee will need to investigate concerning the ownership of the property. To the extent your husband is not in legal title, the trustee should not be able to simply sell it. However, the trustee may learn certain facts that give him or her reason to believe that your husband has some equitable claim to the property, such that the estate may assert claims against you.

Under the circumstances, you may wish to consult a bankruptcy attorney to determine whether any intervention on your behalf is necessary.

The foregoing is provided for educational purposes only and should not be construed as legal advice.