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How is my interest in jointly held marital property calculated?

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Old 02-03-2012, 07:01 AM
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Join Date: Jun 2011
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caramia1225 Member of the club
Default How is my interest in jointly held marital property calculated?

Hi Everyone,

Thank you so much mods for having this site! And thank you to all who are sharing and helping others.

I live in Florida - A tenancy by the entirety state.

I am married and will be declaring personal Chapter 7 bankruptcy on debts held only by myself, not my husband.

If I file alone, how is my interest in jointly held marital property calculated? I am trying to see if I come up under my $5,000 total personal property limit. ( I get $4000 personal property exemption if I am not using a homestead exemption - which I am not, plus another $1000 car exemption )

For example, if I report I have $1000 in household furniture owned by both me and my husband jointly….does only $500 get counted against my $5k exemption because I have a 50% interest?

Same for a jointly owned automobile? If car is worth $4000, owned free and clear, is only $2,000 used to apply to my total personal property exemption?

Thanks All!
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