Exempt property for notice of rights

Asked about 2 years ago - Kannapolis, NC

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I am presently completing forms for exempt property to send to a creditor. I am planning on claiming my half of a house I live in. My husband has a loan on his half. We live in NC. My mother owns her own home in NY. She has my name on her house and a bank account held in joint tenancy with right of survivorship.Do I have to list her assets as my assets that are subject to be taken by a creditor?

Attorney answers (3)

  1. Contributor Level 15
    Best Answer
    chosen by asker

    Answered April 26, 2011 16:16. You are in serious danger of losing not only your own property, but also your family's property. Please, go see an attorney. You have a complex set of facts and your questions can only be answered by a licensed attorney from your state. Try to find an attorney who specializes in bankruptcy law and also does not charge for an initial consultation.

    Your family's property is valuable. Be prepared to pay for good representation. You may have to check out a couple of attorneys in a hurry. Get on the internet and your yellow pages and look up some bankruptcy attorneys. Some may even be open in the evening.

    It is much better to explain to your family that you need a small loan for an attorney than it is to explain how you lost their home for them. Do it now. Good luck.

    Thank you for reading me. I hope you found this answer to be be helpful. If it was indeed helpful, please click... more
  2. Pro

    Contributor Level 20

    Answered April 26, 2011 16:14. I would assume that the paperwork requires you to be honest, and being honest requires you to disclose everything you own. When your name is on the title to property, it means you have an ownership interest in it.

    Hope this perspective helps!

  3. Pro

    Contributor Level 20

    Answered April 26, 2011 16:45. Yes. If your name is on the title or deed, or the account is held jointly you own the entirety of the property. If the money in the joint account is your mothers and you are there holding the funds in trust then they would be exempt.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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