Do I Legally Own My House?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I own a house with my ex. My ex filed for bankruptcy. We moved out of the house and are divorced. The house has not been foreclosed. Can move back into it without consent?

Without whose consent? Better question: who owns the house? Typically, the ownership of property is changed during a bankruptcy proceeding, but not all property. Depending on the state and on your ex’s specific situation, the house may or may not still be in your ex’s name.

Most likely it is, since you should have received notice if that were changing. So, let’s assume you and your ex are still the owners. In that case, your rights are the same as they were before the bankruptcy. Basically, you can use the house, but cannot exclude your ex.