Legal Question in Bankruptcy in Nevada
Out of State Homestead
I moved to Nevada due to a job change and left my home in California. It is occupied by relatives who are helping me make the payments. I would like to return to this home after my job ends & I go there off and on. This house has a lot of equity. I would like to file Bankruptcy to eliminate credit card and other debts. Can I claim a Nevada homestead on the California house & file Bankruptcy in Nevada?
Asked on 4/20/04, 2:28 pm
2 Answers from Attorneys
Stan Johnson
Cohen, Johnson, Day, Jones & Royal
Re: Out of State Homestead
No, you must live in the home at the time you claim the homestead and in must be in this jurisdiction.
Answered on 4/23/04, 12:29 pm
James Smith
James E. Smith Ltd.
Re: Out of State Homestead
No. You must file your homestead in the state where the home is located. You are supposed to be living in the home that is homesteaded.
Answered on 4/20/04, 5:29 pm
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