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?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 10 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.


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 lock Secured with SHA-256 Encryption