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?

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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

Answers:

Malik Ahmad / Law Office of Malik Ahmad

Answered 11 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.


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