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

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

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 on June 29, 2011 under Bankruptcy Law, Georgia

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

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/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

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/


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