Legal Question in Bankruptcy in Tennessee

is it legal in Tennessee for one spouse to file bankruptcy on the home they both own ?


Asked on 3/31/18, 1:56 pm

1 Answer from Attorneys

Dan Scott Scott Law Group, PC

One spouse is free to file a bankruptcy case without the other spouse joining in the petition. The filing would include the filing spouse's separate assets and separate liabilities. Assuming that the home is owned by both spouses, the only interest that comes into the case is the survivorship interest (the right to own 100% if the other dies first). Generally that interest is not readily marketable.

Hope this perspective helps.

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Answered on 4/01/18, 1:43 am


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