matremonial property

December 11th, 2005 by Questions

My wife owner of a property and she was only person on title , purchased 1997. On all my applications that I get credit cards I indicated that I did not own property . My first question is: Can bankruptcy creditor claim 50% of equity of my wife property based dower rigth (as matrmonial home)when I am filing personal bankruptcy. My second question: how is set property value as there are different appraisal value as divorse, first mortgage or second mortgae lending, letter of opinion from RE broker or how many day property should be sold value. Please help


One Response to “matremonial property”

, Barton Goth, GCO Inc. Bankruptcy Trustees said:

There is definitely a possibility that the bank may claim dower rights, but this is a question you need to run by a lawyer for a concrete answer. In terms of property value, this will be determined near discharge time by an independent appraisal of market value that will be preformed at the trustee’s request.

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