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HomeBankruptcyCan the chapter trustee take my partner’s property if I’m the one...

Can the chapter trustee take my partner’s property if I’m the one one who filed chapter?


Perhaps.

It comes right down to a number of elements, however if you wish to boil it right down to a easy check, right here it’s: if it smells humorous, then you definitely’ve obtained an issue.

If the property is clearly your partner’s, was at all times theirs, you by no means helped pay for it, and so they’ve owned it for a while, then you definitely do NOT have an possession curiosity. Nonetheless, when you purchased it collectively, or when you’ve made the entire funds on it, or when you gifted it to her, then you definitely’ve obtained an possession drawback.

Once you file chapter, your chapter property is created. This property means your entire property, actual, private, and intangible. So when you personal a house, a automotive, and have a proper to obtain a $5,000 tax refund, then all of these things go into your property.

We attempt to exempt, or defend your property in order that the bk trustee can not take your property property and promote it off to pay collectors. For instance, in Utah, solely $3,000 of your automotive’s worth is protected. So when you personal a automotive price $10,000 free and clear, then solely $3,000 is secure, and the bk trustee will take it and promote it off. He’ll offer you $3,000 and use the remaining to pay collectors (much less his very wholesome finder’s price).

Nonetheless, he can’t contact your partner’s property. That being mentioned, there are numerous levels of possession. If she’s owned her residence for the previous 10 years, and also you solely just lately met and had been married final yr, then that house is hers, and the trustee gained’t contact it. Then again, when you two purchased the house 30 years in the past, and also you had been the only real supplier, then your cash paid off that mortgage. You might not be on title, however you might have an “equitable curiosity,” and there will likely be issues with the trustee.

Even worse, let’s say that you’ve got a Ming vase that you just inherited out of your Aunt Mildred. It’s price $80,000. Two weeks earlier than submitting chapter, you “give” it to your spouse. That doesn’t depend! It’s a fraudulent switch. The bk trustee will keep away from the switch, promote the vase, and pay your collectors. The shade of Aunt Mildred will likely be very displeased with you.

It’s all difficult and is often found out on a case by case foundation. That’s why you need to meet with a bk legal professional. Inform him all the pieces. That manner he may give you sincere recommendation on how you can defend your property (when you can).

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