Legal Question in Bankruptcy in Florida

I am considering filing for bankruptcy. I went through a divorce in 2009 and moved to FL. I re-married four months ago; however, my new husband is disabled. My question is this: I still own a house in IL jointly with my ex-husband. The divorce decree reads the house will be sold and proceeds (if any) would be split 50/50. Due to the market, it is impossible to sell the home for what is owed (not even close)....can I file bankruptcy even though the house is owned jointly? I'm open to signing over the home to my ex - I've basically already walked away from it.


Asked on 1/23/12, 5:31 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

If you were to file bankruptcy you would probably be required to sign over your interest in the home to the bankruptcy Trustee, depending on several factors, such as equity and title in the property.

You should consult personally with a bankruptcy attorney to discuss the specifics of your situation. Most bankruptcy attorneys do not charge for the initial consultation and you may find out some very valuable information.

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Answered on 2/06/12, 2:50 pm


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