Legal Question in Bankruptcy in Virginia
Bankruptcy real estate exemption
Our deed did not have the wording ''tenancy by the entirieties'' We are in Va....the Trustee in Chpt. 7 is claiming the T by E exemption does not apply without the exact words in the deed. Please help, David
Asked on 7/03/09, 2:29 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Bankruptcy real estate exemption
The deed need not contain the word "entireties" nor reflect "husband and wife," but there must be a manifest intent to provide for survivorship. If there is no reference to husband and wife, entireties, or survivorship, it is owned as tenants in common and not by the entireties.
Answered on 7/03/09, 3:14 pm
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