Legal Question in Bankruptcy in Virginia

Re: single bankruptcy joint asset

If the title is as Joint Tenants or Tenants in Common, your interest in the house would be subject to sale in a Chapter 7 to satisfy your debts, and would be counted in what you would have to pay in a Chap. 13. If title is as tenants by the entireties, it would not be subject to claims as to just you, and to the extent the unsecured debts are just yours, it would be beyond the reach of the trustee. You should have a lawyer examine your deed and your other circumstances and advise you if bankruptcy is a good option, and which chapter. As for eligibility for a Chapter 7, total household income is included in the initial means test calculation (whether you are above or below the state median income), but if you are above the median and this subject to further means testing, the income of a non-filing spouse not devoted to family and household expenses is backed out to determine if you pass the means test. If you are over the median, looking at income at "face value" is only the beginning of the test.