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Thinking of filing-question about asset

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    Thinking of filing-question about asset

    Heres the situation: I am thinking of filing Chapter 7 alone. The mortgage & cars are in dh's name and are in good standing. My name isn't on the mortgage but is on the deed. Right now we are upside down on the house and it is for sale so I'm not really worried on if that will affect my filing.

    This is what I am worried about. After our house sells we plan to move to a mobile home-much more affordable for us. My grandfather deeded me 1/2 acre to place the home on. We have a verbal agreement that if for whatever reason we don't move onto the land I will deed it back to him. Could this land be taken? Should I deed it into my husbands name asap? I planned to do this anyway as his name alone will be on the home mortgage and I just assumed it would be easier if his name was on the land as well.

    Not sure if any of this matters as far as whether land can be taken. I do not work-my youngest son has cerebral palsy and I must stay with him. All the debt is credit card/personal loan. I have no other assets, nor does my husband. We live paycheck to paycheck (barely and sometimes we don't make it) & have $1000 left in savings.

    #2
    If you are named on the deed it is an asset and it can be taken if it exceeds the exemption value allowed in your state. If you deed the property into anyone else's name you will have transferred an asset before filing. This would come up at your 341 hearing and if it was not explained on your Ch. 7 petition you would be in hot water as the trustee would suspect you were trying to hide assets.

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