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  1. #1
    Join Date
    Jan 2011
    Posts
    7

    Default Rights to Marital Property After Bankruptcy

    My question involves bankruptcy in the state of: Florida

    Hello I filled for bankruptcy in 2009.

    I jointly own (half and half) a secondary home with my husband. In a heated discussion my husband said that because I filled for bankruptcy in 2009 that I have no rights to the second home. I can not participate or choose in who should be a tenant and who should not, whether we should put it up for sale or not, and so forth. He had the nerve to get the locks of the door changed and claimed that I have no right to the house whatsoever. Because I filled for bankruptcy he said "He now has all the responsibility."

    I can't even enter a house which I own half of right now. Is there any chance I can call the police to remove the locks?

    Anyways, I would just like some help about this to see what exactly is my situation and if he is in fact right.

    Thanks to all in advance.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,768

    Default Re: Rights to Marital Property After Bankruptcy

    I don't know what happened with your ownership in the bankruptcy so it is not possible to give you the correct answer but basically, if you retained ownership, you have all the rights you had before. If you relinquished ownership, you have none. Liability for a mortgage loan, or lack of liability for the loan, does not alter your rights as an owner.



    whether we should put it up for sale
    if you are still on title, ask him how he expects to sell your share of the home without your signature.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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