If the house was purchased after you were married, it is marital property. It is marital property whether or not your name is XXXXX XXXXX title and whether or not your name is XXXXX XXXXX mortgage.
This means the house has to be listed on your Bankruptcy petition, and filing a Bankruptcy will place an immediate stay on all foreclosure proceedings, including the auction.
In other words, if you file a Bankruptcy before the auction, doing so will delay the auction.
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You only have to list:
1) Mortgages if you are a co-signor on the mortgage;
2) Property your husband currently owns that was acquired during the marriage (unless the property was paid for exclusively with your husband's separate funds - gifts, inheritances, or money he had before you were married);
3) Property you own with your husband or by yourself.
You are not supposed to list any mortgages that you did not co-sign, as you are not responsible for those.
You would have to claim an exemption on your primary residence only if the current market value of the home is more than the balance on the mortgage.
Correction: you would have to claim an exemption on your primary residence only if the current market value of the home is more than the balance on the mortgage, and if you were going to keep your home.
And please don't forget to hit the "ACCEPT" button.
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