Do I Legally Own My House?

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney