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I am filing bankruptcy and have questions about how to file my papers regarding secured debt and the homestead because I do not live at the house anymore, my ex husband to be lives there and pays for it. The same holds true with the car, he drives it and pays for it. We are both on the loans for these, but in Feb when the divorce is finalized I will transfer the deed of the house over to him with me keeping a 30% interest in the home when he decides to sell it (if he does). I will also sign over the car in the same way but free and clear. I currently pay for the equity line still on the house. How do I file regarding the homestead without jeapordizing the house being taken and the same holds true for the car? Do I still put the house and the car on my forms and if so how is the homestead exemption figured? Virginia gives a $5000 homestead exemption but there is more equity than that in the house. Are the cars and the house something you would reaffirm?
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Bankruptcy laws are complex and change continually. Something you are told here very well may not be accurate by the time you actually get to court. Your best bet is to consult with a local attorney who specializes in bankruptcy proceedings. Protecting your assets by hiring the best attorney you can find would be well worth the money.
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