What to do if I’m completing the Chapter 7 bankruptcy forms and schedule D wants me to state whether the property is the husband’s, the wife’s or joint?

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What to do if I’m completing the Chapter 7 bankruptcy forms and schedule D wants me to state whether the property is the husband’s, the wife’s or joint?

My divorce was final 9 months ago but my ex-husband and I still own the home. How do I list this, as well as some debts that he is still on?

Asked on March 11, 2013 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your divorce decree awarded the home to one spouse, then list it for that spouse on Schedule D.  If the house according to the divorce decree is to be jointly owned, then list it as joint.

If the divorce decree assigned certain debts to your husband, list those under husband.

It would also be advisable to include an attachment to Schedule D if the terms of your divorce decree have not yet been implemented and that will affect the final disposition of the home and the debts.  For example, divorce decree assigned Debt A to wife but that has not yet been transferred from husband to wife.  List that debt under wife on Schedule D.


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