If I’m filing Chapter 7 as an individual but my husband is not filing, can I claim tenancy by the entirety as my homestead exemption?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m filing Chapter 7 as an individual but my husband is not filing, can I claim tenancy by the entirety as my homestead exemption?

On our deed from 18 years ago, it conveys the property to both of us, after our names are listed it says husband and wife.

Asked on May 8, 2014 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under federal bankruptcy laws you as a possible Chapter 7 bankruptcy candidate can claim a portion of the allowable homestead exemption in your state based upon your interest in the residence that you reside in. If you are a tenant in common, you are allowed to claim a "tenancy in the entirety" as to this homestead exemption on your bankruptcy filing. Given the complicated nature of a bankruptcy proceeding, I suggest that you consult with a competent bankruptcy attorney in your locality. One can be found on attorneypages.com.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption