Legal Question in Bankruptcy in New Jersey

bankruptcy

I am considering bankruptcy. Can I claim my home even if I am the only one on the mortgage and my wife's name is on the deed. Also I am going through a divorce and she is paying the mortgage by herself.


Asked on 10/29/00, 10:17 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: bankruptcy

The fact that you are on the deed means that you will need to claim it as an asset. It appears that you would have a 50% interest due to the fact that your wife is also on the deed, although the wording on the deed could change my position on this. The fact that you are the only one on the mortgage means that it would be entirely your debt. The fact that your wife is paying the mortgage is of no moment to the Bankruptcy Court. It is your debt in the absence of anything to the contrary. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/16/00, 9:19 am


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