After Bk Discharge

[Ernie]

How soon after a BK discharge can an individual sell their home?

My ex-wife is filing bk and I own 50% of the home she lives in. If she sells the house I will be entitled to half of the equity. We have about 90k in equity and she plans on selling the house soon after her bk is discharged.

Does anyone know how long I'll have to wait for her to sell the house, so I can get my share of the equity.

Any advise will be greatly appreciated.

[SinkingFast]

The day your Ex filed BK, her BK Estate was established. The Trustee has control over all property and assets of the BK Estate for 180 days. The house is an asset of the BK Estate.

Your Ex technically cannot sell the house until after the 6 months has passed. Unless, your Ex gets permission from the Trustee to sell the house prior to that time.

Unless you have some sort of statement in your Divorce Decree that stipulates a time table for the sale of the jointly held "marital home". A Divorce Decree could change the way this situation would be handled.

[Ernie]

The divorce Decree states that I am entitled to 50% of the equity of the home she and our children reside in, there was NO stipulated time table. She had agreed to sell the house in a couple of years, now it turns out she's filing bk and wants to wait until she gets discharged. Which is fine with me, I just want to make sure I don't lose my share of the equity.

So, technically she can sell after 180 days and the Trustee could not come after the equity?