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  1. #1
    Join Date
    Sep 2016
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    Default Can One Spouse File Bankruptcy on a Home Owned by Both Spouses

    A couple owns a home in Tennessee. The wife wants to file for bankruptcy, but she would file as an individual. Can she legally include the marital home in her bankruptcy even though it is jointly owned?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can One Spouse File Bankruptcy on a Home Owned by Both Spouses

    A married person can file an individual bankruptcy. She can include the home in the bankruptcy without adding her spouse to her petition.

    Her bankruptcy would not affect her spouse's obligation to make house payments.

    Ostensibly her survivorship interest in the home is a separate asset, but it would not be reasonably marketable and thus would not likely be of any interest to creditors.

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