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  1. #1

    Default Dividing Equity in a Former Marital Home After Chapter 7 Bankruptcy

    My question involves bankruptcy in the state of: Missouri

    Hi, I have a question with a current situation that maybe you could clarify.
    My ex and I divorced, we never properly settled the house situation being that she wanted to stay at the time, while I moved out. Months later, she had to refinance but had no one that could back her. I signed the refinance.
    I later filed for bankruptcy. This of course did not release my name from the deed.
    Two years later, I found out she had the house up for sale. I asked her about it and she took it off the market.
    I suggested that we need to settle the situation, refinance while taking my name off any part of the home.
    With the bankruptcy in the past, will I be eligible for any cash out, profit or equity?
    Any insight is appreciated.

  2. #2
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    Default Re: Dividing Equity in a Former Marital Home After Chapter 7 Bankruptcy

    I have no access to your divorce judgment. However, I doubt that you left it completely silent on the issue of the marital home or how any equity is to be divided at the time of its ultimate sale. Your judgment likely includes a provision that specifically relates to the home, and likely also contains a provision that relates to the division of any property not specifically described in the judgment.

    With your Chapter 7 bankruptcy having been resolved by final judgment some two years ago, this is a matter of the divorce judgment and not a bankruptcy issue.

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