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Category: Bankruptcy Law
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Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a house is jointly owned by a married couple with a pending

Resolved Question:

If a house is jointly owned by a married couple with a pending divorce, and one of the estranged spouses files for bankruptcy and includes the home in his/her filing, does the spouse filing bankruptcy relinquish rights to the home and run the risk of eviction by the other spouse?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 7 years ago.
they will lose the liability on the mortgage payments, however, as long as their name is XXXXX XXXXX deed, and the couple is legally married, one spouse cannot evict the other.
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