Legal Question in Bankruptcy in South Carolina
Personal Residence Protection
My husband is filling Chapter 7 bankruptcy, our personal residence is in both names, if it exceeds the exempt amount can the court force me to sell my half to satisfy his debts.
Asked on 5/24/98, 11:04 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Your half of joint property in bankruptcy
Your half interest in the property is yours,not his, and the trustee cannot take it. However, the trustee may be able to require that the whole property be sold and that youreceive your interest in cash.
Answered on 7/15/98, 8:15 pm
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