Posted on: 11th Sep, 2010 02:11 am
my mom died 10 months ago and had a life time stay,her house is paid for she left it in my brother and my name. he owns half and i own half, i moved into the house and that was fine with him. i filed ch. 7 and have been to court twice due to the means test wasnt right so the trustee sent a realator to my house, ym brother got very upset because he said he was not selling his part and neither of us want to sell due to sentimental reasons. can they still take the house? im divorced with 2 small children and just finished chemo for breast cancer.
hi amyneal,
if the property is free and clear, the trustee can sell it off in order to pay off your creditors. though you do not want to sell off the property, the trustee may take it in order to repay your creditors. however, as your brother is not filing bankruptcy jointly with you, he will receive his share of the property from the sale proceeds.
take care.
if the property is free and clear, the trustee can sell it off in order to pay off your creditors. though you do not want to sell off the property, the trustee may take it in order to repay your creditors. however, as your brother is not filing bankruptcy jointly with you, he will receive his share of the property from the sale proceeds.
take care.
how can they do this?! my brother owns half interest in the house! he WILL NOT SALE!
Welcome back amy,
The trustee cannot sub-divide the property in order to sell off your share of the property. Thus, he will sell off the whole property. Your brother will get his share of the property and rest of the amount will be divided amongst your creditors.
The trustee cannot sub-divide the property in order to sell off your share of the property. Thus, he will sell off the whole property. Your brother will get his share of the property and rest of the amount will be divided amongst your creditors.
I'm sorry to hear about the problems you're having. What if I or you could get your brother to accept some cash for your half of the property ? How much are we talking about here? what is the house worth? Where will you go ? Do you have a place to go when (and if) you sell?