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    dwsmith05's Avatar
    dwsmith05 Posts: 1, Reputation: 1
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    #1

    Mar 31, 2008, 05:00 PM
    I recently filed chapter 13 including my house. Can I sell it?
    I recently filed Chapter 13 including my home. My wife and I are separating and I need to sell the house. Can I do this?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Mar 31, 2008, 05:44 PM
    I don't think that you can sell the house because if your wife and you are separating and her name is on the deed or the mortgage, or you are in a community property state, she has equal say in the process even if she was not the person who paid for the house.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Mar 31, 2008, 06:42 PM
    Yes; you probably need permission from the court and you must keep your payments current. Speak with your attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 31, 2008, 07:26 PM
    First if you filed a joint chapter 13, a divorce can also effect that, so talk t your bankrutpcy attorney.

    Since you are in a chapter 13, and esp since the house is listed as part of it, you will have to get the courts permission to sell, also except for that amount that is exempt, any money from the sale over the exempted amount will go to the court to pay debts off.
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