Legal Question in Real Estate Law in Missouri

I bought a house along with another person in Aug 2000...this person moved out in 2002 and I have made all mortgage payments since....his name is still on the mortgage but he has not made any payment or even expressed any interest in the house since leaving....Now (2010) he has filed bankruptcy and is petitioning the court to order the sale of the home to pay his debt....what are my chances that the court will agree and force me to sell my home that I've worked so hard to keep?


Asked on 8/03/10, 7:12 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the limited facts you described, you may be a secured or unsecured debtor of the person filing bankruptcy. You are due one half the monthly mortgage payemtns minus one half the rental value of the house. Depending upon the condition and location of the house, you may be owed money, or you may owe money should a sale occur. This will effect what interest the bankruptcy trustee has in the equity in the house.

You should hire counsel to represent your interests in this bankruptcy case. Otherwise, it is nearly impossible to guess whether you will lose the house.

Good luck

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Answered on 8/11/10, 1:13 pm


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