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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Re bankruptsy, Sir, My spouce is filing bankruptsy. We

Customer Question

Re bankruptsy,

My spouce is filing bankruptsy. We live in Georgia and have a rental home in
Florida. Both of our names are XXXXX XXXXX deed on the rental home. Her bankruptsy
lawyer said the courts will force us to sell the house to pay her debts. I absolutely
refuse to sell the house since I plan to move back to Florida in two years. My
question is:
Can the courts force my wife to sell the house without my permission or consent?
What can I do to fight for my rights to keep the house if my wife goes along with
this lawyer?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.

If their is equity in the property in a chpaterXXXXXcould force a sale, however if their is no equity, she can reaffrm the home, and keep it.


If she wants to keep the property and it has equity, file a chpater 13 case, and the court would let her keep it, however, her other debts, will not be discharged totally, only 50-60% depending on how much equity is in the rental property.

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