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    mrsoct13's Avatar
    mrsoct13 Posts: 1, Reputation: 1
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    #1

    Apr 10, 2008, 12:06 PM
    Bankruptcy and seperations
    If I file a leagle separation and bankruptcy can I save my house? Does it matter if who files first?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Apr 10, 2008, 12:49 PM
    Who's name is on the title to the house and the loan carried under it ? You might be better off cashing out if your going through a divorce otherwise you may be responsible for equity that exists in the home and will have to be paid ( fair market value ) to your ex. More then likely that would involve a " new " loan and with a recent or current bankruptcy that may be an unachievable goal. Be very careful and make sure you talk to your lawyer about any ramifications involving the home.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 10, 2008, 03:03 PM
    First it may be hard to file bankruptcy while you are in the middle of the divorce and separation. You need to seriously talk to an attorney

    You have issues first who will get the house from the divorce, and after that it will depend on what you can afford, as long as your payments are current and you can make your house payments, then it will depend on the equity
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Apr 10, 2008, 03:16 PM
    Quote Originally Posted by mrsoct13
    If I file a leagle seperation and bankruptcy can I save my house? Does it matter if who files first?
    Just curious: Does it matter if who file what, first? Separation or bankruptcy?
    It is possible to save ownership of a home in and/or after filing Chapter 7 or Chapter 13. Each state has its own exemption (equity protection) law, so you need to consult with competent counsel concerning your case. If your lawyer can't explain the difference between Chapter 7 and Chapter 13, then find another.

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