Confused in NM about secured mortgage!

[cheryls1946]

What is the name of your state?What is the name of your state? New Mexico

I'm preparing bankruptcy papers for my brother. He is buying a house with his girlfriend. He has been separated from his wife for 9 years and has never bothered to get divorced. Is he still required to complete non-filing spousal forms? Also, the following schedules are driving me crazy. There might be rights of survivorship involved. Does this make a difference?

Schedule A - would the market value be his 50% & would the amount of secured claim be his 50% of his market value less his portion of equity? (His portion of the home is definitely under the maximum exempt amount.)

Schedule C - Would the value of his exemption be his 50% portion of the equity?

Schedule D - Would the amount of claim be the same as Schedule A 'Amount of Secured Claim'?

Statement of Intention - Do I simply check 'Property is claimed as exempt' and there's no need to reaffirm? There payments are made to an escrow company, but the prior owner holds the mortgage.

Please help me. Thanks!