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Question

I am attempting to fill out MOTION TO CLAIM EXEMPT PROPERTY in North Carolina. I am married and the judgement is just against me. Our home is owned by both my husband and myself. Is the equity in the home exempt?

Submitted: 261 days and 14 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Durham, North Carolina

Already Tried:
I have read several exempt lists.

Accepted Answer

Good morning,

The North Carolina Laws allow each resident to exempt (protect or withhold) from creditors, up to $18,500.00 in their residence, or in the residence of their dependent. If the debtor does not have a residence or does not need the entire $18,500.00 exemption in the residence, they can use up to $5,000.00 as a wildcard exemption in any type of property to the extent it is not used for the residence.

You will need to contact your county recorders office for a form on which you can file for homestead protection.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 3/6/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

261 days and 13 hours ago.

Reply

I was told that, Property held in tenancy by the entirety is exempt from the debts owed by one spouse. Sot this homestead protection is to establish or report that? Also, do I need to file the homestead protection prior to the twenty days motion to claim exemptions?

Accepted Answer

Good morning,

You are correct, if your deed of trust reads that you and your husband as took the property as Tenancy by the Entirety, then only joint debts of the marriage can result in attachment of the marital home.

Under that circumstance, when you file for your homestead protection, because you don't need the exemption for the house, you can use up to $5,000.00 as a wildcard exemption in any type of property to the extent it is not used for the residence. This will protect for example certain bank accounts, stocks, automobiles, etc.

I wish the best for you

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Picture
Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 3/6/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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