Legal Question in Bankruptcy in California

defining the home as an exemption

I have a 1/12 interest in my parents house in Ohio, left to me when my mother passed away. Is this property exempt? My parents still live in the house. My father owns half, and my other siblings own the rest.


Asked on 1/10/02, 10:13 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: defining the home as an exemption

That depends on what state you are living in (or filing bankruptcy in), the value of your interest in the house, the value of all your other assets, whether you are living in the house, and other factors. There is no other way to accurately determine the exemptability of that interest.

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Answered on 1/10/02, 10:18 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: defining the home as an exemption

Thanks for your posting.

In order to avail yourself of the homestead exemption, the home must be the debtor's PRIMARY RESIDENCE.

From the facts you have stated, it doesn't seem as though the home would fit that category.

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Answered on 1/11/02, 5:30 pm


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