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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Hello, If someone is married and owns a house and they have

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If someone is married and owns a house and they have to go bankrupt (but their spouse does not have to go bankrupt), can they take the house?

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in properly responding, please tell me:
1. Is the house titled in both names?
2. What is the total amount of equity in the property?

Customer: replied 4 years ago.

It is titled in both names, loan only in the other persons name.


Approx $150,000 equity.

Thank you for your response

Your property may be fully protected as tenancy by the entirety property. I shall explain.

Maryland law permits an exemption of only $21,625 in equity in a homestead. However there is an additional protection for tenancy by the entirety property.

Tenancy by the entirety property is property that is held jointly between spouses. Tenancy by the entirety protection exempts property held by both spouses against debts owed by only one spouse. There is not a dollar limit to the protection afforded by the tenancy by the entireties exemption.

I would be glad to respond to any follow-up questions that you may have.
Ellen and other Bankruptcy Law Specialists are ready to help you