House is in wife's name and she filed 5-6 years ago i filed 10 yrs ago but we were not married when she purchased our home. Have been married 4 yrs now but not on the title. Does getting married give me the right to file and halt process?
You can file bankruptcy assuming you qualify, but all you will halt is an eviction.
Hope this perspective helps!
Your wife needs to talk to a Kentucky bankruptcy attorney. Though her previous bankruptcy case prevents her from receiving a discharge in a Chapter 7 now, it would not affect her ability to file a Chapter 13.
You said that the house did not sell to a third party, but, you have been served an order to vacate anyway? Did it sell to the mortgage company? If so, then in some states (such as Pennsylvania) it would probably be too late to stop the process. Kentucky law may be different.
I answered your other question, but did not realize your house had already proceeded to a Master Commissioner's sale (if that's what you are talking about here). It is not possible to keep the house if the sale has already occurred, although a bankruptcy can still help get rid of any mortgage debt remaining after the sale. If the sale is coming up, your wife absolutely MUST beat it with the bankruptcy filing.
I'd be happy to talk to you further if you still need the help.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline