This would be a complicated situation, the non filing spouse would have to claim her share of the property and her share of the equity,m
if she can show that she has paid all the expenses and was the true owner by buying the home, it is possible she can claim more than 50% of the equity,
if that is not possible, the trustee would use the $46,000 amount or the 100-30 $70,000 balance.
The trustee would advise you whether you can refinance and give the $70,000 to the trustee,
or if you would have to sell the property to pay the trustee,
Another option is to have the spouse file as well, and she may be able to double the exemption.
the couple is married filing jointly for 30 years on their taxes. In Utah, an equitable property state, any court would rule they are equal owners.
So are you saying she has no protection then? The trustee has the authority to sell the property via partition action in court?
Would the trustee get a court order that would order the husband to list the property for sale then? Or does the trustee hire a real estate agent?
Or the husband could decide he wants to keep the house and convert his Chapter 7 into a chapter 13 via a motion right?
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