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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am in the state of california and my husband and I have been

Customer Question

I am in the state of california and my husband and I have been separated since 2006 and maintain two separate households. We owned two houses, and I signed one over to him which is where he resides and I stay in the family home of which I have the mortgage under my name only, but his name is XXXXX XXXXX the deed (dumb I know). He claimed an individual bankruptcy in 2010 but the family home was no where on his documents as an asset ( I had no idea he filed at the time, I found out later, and the home has a considerable amount of equity in it) Now he has petitioned for divorce. Is he still able to stake claim in the family house. It seems to me that if he claimed bankruptcy and left the house out, he shouldn't be able to get half of the proceeds in his pocket. Is this in any way against bankruptcy law?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

cfortunato :

Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.

cfortunato :

The fact that your husband did not list the family home in his Bankruptcy papers would not affect a divorce division of assets.

Customer :

How could he exclude the home in his bankruptcy when his name is on the deed?

cfortunato :

He was supposed to include the family home.

cfortunato :

If the Banruptcy court finds out about the house,

cfortunato :

he may be required to pay part of his share of the home's equity.

Customer :

ok.... so meaning after the assets are split, he may have to pay his discharged debts from his 50%. How would the bankruptcy court find out per se?

cfortunato :

The main way the Bankruptcy court finds about assets that were not disclosed is by someone telling the court.

cfortunato :

It is highly unlikely that the court would find out unless someone told the court.

Customer :

the court trustee does not do title checks?

Customer :

and is there a time limit on when the court can ask to pay back debts?

Expert:  cfortunato replied 3 years ago.

Bankruptcy trustees do property searches while a Bankruptcy is in proress, not after a Bankruptcy case has been closed.

There is no Statute of Limitations for this. If the Bankruptcy court ever finds out about the property, they may be able to take part of his equity.