Legal Question in Bankruptcy in Illinois

Seperation and lawsuit

My husband and I have just seperated last month and are discussing divorce. He is being sued, for fraud and slander of title by a past client. His business & him personally are named. (Suit is in retaliation to a lawsuit he filed against past client. I might add, the clients countersuit is absolutely rediculous)..We are also both unemployed at this time and have spoken to an attorney about chapter 7. My husband would file, not me.. I have a special needs daughter that I need to keep in our present school system for a good education. My main goal is to protect my home that I am now raising my kids in by myself. Both my husbands and my name are on title as tenants in common I believe.

My question is, what can I do to protect the house? My husband wants me to stay here with the kids because it is in their best interest. We are agreeable on that. Can we change the deed to tenants in the entirety at this time or is that somehow breaking the law? I know we would have to remain married for that..Or, should I just file for divorce and fight to own the house myself? I know it's a real mess but I still have some questions I need answers on. Any help would be appreciated..Thank You


Asked on 5/19/09, 6:43 pm

1 Answer from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Seperation and lawsuit

Wow, you ask a lot of questions. If the house is under water (you owe more than its worth) your husband could file a 7 and he could reaffirm the debt.

If you have equity in the house, your husband could file a chapter 13.

You can't change the deed in anticipation of filing bankruptcy, but you have a potential malpractice action against the attorney that set up the tenancy in common.

There are other answers, but iit would depend on your specific situation.

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Answered on 5/19/09, 10:51 pm


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