If my husband and I purchased a house that is now in foreclosure and filed bankruptcy, do I still have any right to the property?

My husband moved out a year ago. While I am in the process of moving, he comes back and will not allow me on the property saying that he is moving back in and I have no rights to the house. Do I have any rights to the property at all?

Asked on July 11, 2012 under Family Law, Virginia


Malik Ahmad / Law Office of Malik Ahmad

Answered 8 years ago | Contributor

If you were on the deed together, you have the right to stay. You are the legal owner (or co-owner) until the property is foreclosed. If it is still "in foreclosure" you have equal rights. Again, the house might be discharged in bankruptcy but it is not foreclosed yet. You probably cannot enforce your rights if the home has been discharged in bankruptcy. Your husband has not protected rights as well other than he has possessory rights in which you are a co-equal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.