Can a Capterh 7 trustee force the sale of a co-inherited home?

Question Details:

My husband and I will be filing Chapter 7 shortly. My husband's father just passed away and left his home to my husband and his sister. We were not intending to sell the home mainly because we will probably lose our home and were planning on living there. Can we be forced to sell it?

Asked 6/29/2011 under Bankruptcy | 340 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Bankruptcy Law Answers

Mark J. Markus / Mark J. Markus, Law Offices of Answered 10 months ago | Contributor This attorney is licensed in California

That depends on the equity in the home, value of your other assets, and what exemptions you have available under applicable state law. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

You need to consult with an attorney in your area for more details.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/