Everything at once

[cynbkrpt]

I need some advice. I went to a "free cosultation" with a bk attorney the other day but the receptionist started asking for a $75 fee before I saw the attorney so I just walked out. I am still looking for one, but I have a question in the meantime or a few questions actually.

Husband & I have been separated for 6months. We own a house together but I am not on the mortgage. My car is in his name (so it's technically his) with little or no equity. I am currently unemployed. We owe HOA dues on the house & property taxes from 2007. The mortgage is only a month behind and is getting paid, slowly but surely. If we could sell right now, we have about $30,000 in equity after 1st & 2nd mortgage paid off. I live in NC.

My questions...How can I tell if the house is protected with tenancy by entirety. It doesn't say anything on the deed. If it is protected, the fact that we have joint debts (taxes, HOA dues) will remove that protection or not? Since they are both secured by the house maybe not?

Can separated people file together? I need to sell the house and get the equity for a move, but I also need to file BK. And then there's the divorce, which won't be until October due to a mandatory waiting period.

Any ideas?

[Flamingo]

You are starting to get into family law and divorce issues as to this bankruptcy. It may be worth your while now to consult with a divorce lawyer prior to a BK lawyer so you don't make any mistakes in filing bankruptcy. Laws differ in each state as to property in a divorce and you need to ensure you get the correct advice prior to filing BK. Best of luck to you!

[HHM]

If something is owned by tenancy by the entirety, I believe the deed must reflect that in some manner. Generally, the deed will reflect the nature of the ownership interest, so if the deed does not say Mr X and Mrs X own "ABC" by tenancy in the entirety, then you probably do not.

Yes, separated people can file together...if you are married, you can file jointly regardless if you are seperated.

[Flamingo]

You need to find out if in your state that on a deed to a husband and wife if Tenants by the Entirety is the default listing and does not have to be listed on your deed at conveyance. If it is the default listing, another clause would have to state otherwise (joint tenants, tenants in common, etc.)

[PaKettle]

Look for a bankrupty attorney who also does divorces - I ran into a couple like that when I was calling around.
Try www.nacba.com for your area.

[Lindsay]

Our bankrutpcy lawyer handles divorces as well. You should probably call around or look in the yellow pages under divorce lawyers and bankruptcy lawyers to see who's name appears under both sections.