If husband files bankruptcy do we lose house?

[wendygeez]

I live in VA. Recently found out my husband of 3 yrs is an oxycodone addict. We've got him help and have him on a payment plan with consumer credit counseling for the credit card debt. I'm trying desperately to secure our assets should he decide to relapse. All the credit card debt is in his name. I have cosigned nothing with him. We have separate checking accounts. But, if our home, which is payed off, is in both our names and he should relapse and not make his debt obligation and go into bankruptcy, can they take our home? And no, I will not pay his drug debt for him (would rather lose the home and start over without him). I've had some people tell me I should get the house solely in my name, which he is willing to do, and I've had someone else tell me because of new laws that wouldn't work, and I should keep it in both our names. I'd like to keep a roof over my stepson and my heads if I can. What else have I not thought of? Thanks.

 

[bigun]

Va. has some pretty puny homestaed exemptions.
Virginia Bankruptcy Exemptions

There is a 2 year lookback period where asset transfers may be reversed by the trustee. If, you have your home titled Tenacy by Entirety, you may have protection.
I'd suggest you speak with an attorney and see what options you may have.