If my brother and I own 2 1/2 acres of land and he has a home on the land, if I file for Chapter 7 can the creditors take the land?
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If my brother and I own 2 1/2 acres of land and he has a home on the land, if I file for Chapter 7 can the creditors take the land?
Asked on June 17, 2012 under Bankruptcy Law, Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you jointly own 2.5 acres of land and there is a home on the property, you need to review your registry of deeds to see what the property profile looks like. If he only owns the home but there is an easement or something is included in the home's deed that includes the 2.5 acres, then there could be a problem and yes, there could be a lien or attachment on that home and land. You need to both speak with a bankruptcy attorney to determine if there is a possibility that the lien can occur and tie up title to this property.
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