Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hello and thank you for allowing me to address your legal question.
Unfortunately, you’re in a bad position. Even if your boyfriend claimed your property as his homestead, only $5000 of equity would be exempted.
The fact that you’ve been paying the entire mortgage won’t be of much help in arguing that you are the sole owner. Instead, your recourse would be to demand reimbursement from your boyfriend for part of what you’ve paid the lender. Of course, once your boyfriend is discharged, he won’t legally owe you that amount anymore.
He can’t convey his interest to you because any such conveyance within 2 years of filing for bankruptcy protection is considered fraudulent, and the bankruptcy trustee will reverse the conveyance.
Since you will be fighting an uphill battle, and this issue is complex, you should consult with a local bankruptcy expert. It may be possible to make some sort of deal with the bankruptcy trustee based on your specific facts.
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