Legal Question in Bankruptcy in California

Bankruptcy in relation to Joint Tenants on real property

My sister & I own a home together held in joint tenancy. She is filing bankruptcy on her credit cards and medical bills (She became disabled after we purchased the home). My credit is flawless. We own the home 50/50. How will her filing bankruptcy effect my ownership of the home or can it? Will we be forced to sell the home by the bankruptcy court?


Asked on 10/19/00, 7:11 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Bankruptcy in relation to Joint Tenants on real property

Well, a lot depends on what chapter she is filing and what equity there is above her homestead exemption. It is possible that in a CH. 7 the Trustee could sell the property, if there was sufficient equity to justify the sale. If not, as long as the mortgage and other trust deed payments are made on time, it shouldn't affect you.

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Answered on 11/14/00, 9:35 pm


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