Legal Question in Bankruptcy in Ohio

Lesbian partner's bankruptcy

We are a lesbian couple living in Ohio. We got married in Ontario, Canada, but are American citizens. We are aware we have no marital rights and that we are considered ''roommates'' at best. My partner is planning on filing for a Chapter 7 bankruptcy. The title to our truck is in both of our names, as is the insurance policy. Should we take her name off of both until the bankruptcy clears? If her name is kept on the title, do we risk losing our vehicle? Can the insurance company cancel our insurance policy after she files because her name is on it as well? Are

there any special circumstances regarding gay couples and bankruptcy? We live together and share finances (bank accounts, credit cards). Will this affect me as well? Thank you so much in advance.


Asked on 7/26/06, 2:57 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Lesbian partner's bankruptcy

If you do remove the filing person from the title, you must do it at least 90 days prior to filing, so it is not considered a transfer of title for less than fair market value. If you do not wish to lose the vehicle, you must continue making the payments, and/or pay to the truatee any net fair market value of the vehicle over the Ohio exemption amount. The insurance company has no right to cancel a policy just because of bankruptcy. As to income and expenses, the petition ought to reflect only her income, and her share of expenses, as well as her personal property.

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Answered on 7/26/06, 6:45 pm


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