I live in Texas. If you own a home with someone you were never married to, and they file ch 7 bk, listing the home as a homestead, making it exempt, and they are discharged.....if they move out and then sue for partition 3 years after making no payments on the home....
Does the debtor's 1/2 of the payments they have not been making get subtracted from their equity? I am the person still in the house and have been keeping the payments current since the debtor left, and he is now sueing for partition.
What happens now and how can I keep the house? Also, is there a way to access the Harris County District Court records other than Jims to get the documents?
Although the debtor has been discharged, the bk case is still open. Shouldn't the trustee have a problem with the debtor trying to sell and collect money from his "exempt homestead" while the case is still open and no distribution to creditors has occured yet?
Additionally, although debtor has not returned to the home in 2.5 years, and purchased a new home, he is still claiming previous as homestead and each year takes the exemption on on his taxes and claims the mortgage interest!
Does the debtor's 1/2 of the payments they have not been making get subtracted from their equity? I am the person still in the house and have been keeping the payments current since the debtor left, and he is now sueing for partition.
What happens now and how can I keep the house? Also, is there a way to access the Harris County District Court records other than Jims to get the documents?
Although the debtor has been discharged, the bk case is still open. Shouldn't the trustee have a problem with the debtor trying to sell and collect money from his "exempt homestead" while the case is still open and no distribution to creditors has occured yet?
Additionally, although debtor has not returned to the home in 2.5 years, and purchased a new home, he is still claiming previous as homestead and each year takes the exemption on on his taxes and claims the mortgage interest!
