Partially built home claimed as "primary residence"

[Keith Holman]

What is the name of your state? Florida
After 20+ years of marriage my estranged wife of about 5 years now has filed bankruptcy. To the tune of 51K!! Which is part of the reason for divorce in the first place. She insists on spending more money than she makes. She has claimed 'our' (unfortunately, we are both on the title) partially built home in Florida as her 'primary' residence in the bankruptcy declarations. The house is not finished and does not even have a CO. The last phase of work that I had done is the drywall. It is 75% complete.
I was the one who has paid for ALL the materials & labor and performed much of the labor myself (around 3000 hrs and I have ALL the receipts to prove) while she did absolutely nothing (during the five years of construction she wanted nothing to do with the project and was more in to lounging, sleeping, and partying) to help build this house. So, as you know, in Florida there are 'loopholes' like this that people use to harbor there house from creditors while they ring up enormous charges on there credit cards. My question is this: When someone claims a partially built home as their 'primary residence' on a bankruptcy filing are they not commiting perjury and, if so, what are the possible penalties for such actions? Our three children are grown and do not live with us.

I started building this house in 1996. I thought I was going to be with her the rest of my life and retire in the home. After she had an affair with my best friend our marriage erroded and now she has got her hooks firmly planted in the home that I built. Without ANY of her help. Not even moral support. If I absolutely have to give her 50% of a home that "I" built and paid for from years of long, long days of work then I will harbor a hatred for women in general.

[Ithildriel]

I'm a little bit confused by your post...would you have prefered that she had not claimed the house as her primary residence, and had it seized and sold to pay her debts?

[LdiJ]

Originally Posted by Keith Holman

What is the name of your state? Florida
After 20+ years of marriage my estranged wife of about 5 years now has filed bankruptcy. To the tune of 51K!! Which is part of the reason for divorce in the first place. She insists on spending more money than she makes. She has claimed 'our' (unfortunately, we are both on the title) partially built home in Florida as her 'primary' residence in the bankruptcy declarations. The house is not finished and does not even have a CO. The last phase of work that I had done is the drywall. It is 75% complete.
I was the one who has paid for ALL the materials & labor and performed much of the labor myself (around 3000 hrs and I have ALL the receipts to prove) while she did absolutely nothing (during the five years of construction she wanted nothing to do with the project and was more in to lounging, sleeping, and partying) to help build this house. So, as you know, in Florida there are 'loopholes' like this that people use to harbor there house from creditors while they ring up enormous charges on there credit cards. My question is this: When someone claims a partially built home as their 'primary residence' on a bankruptcy filing are they not commiting perjury and, if so, what are the possible penalties for such actions? Our three children are grown and do not live with us.

I started building this house in 1996. I thought I was going to be with her the rest of my life and retire in the home. After she had an affair with my best friend our marriage erroded and now she has got her hooks firmly planted in the home that I built. Without ANY of her help. Not even moral support. If I absolutely have to give her 50% of a home that "I" built and paid for from years of long, long days of work then I will harbor a hatred for women in general.

You need to get yourself an attorney...like yesterday.

[Bali Hai]

Originally Posted by Keith Holman

What is the name of your state? Florida
After 20+ years of marriage my estranged wife of about 5 years now has filed bankruptcy. To the tune of 51K!! Which is part of the reason for divorce in the first place. She insists on spending more money than she makes. She has claimed 'our' (unfortunately, we are both on the title) partially built home in Florida as her 'primary' residence in the bankruptcy declarations. The house is not finished and does not even have a CO. The last phase of work that I had done is the drywall. It is 75% complete.
I was the one who has paid for ALL the materials & labor and performed much of the labor myself (around 3000 hrs and I have ALL the receipts to prove) while she did absolutely nothing (during the five years of construction she wanted nothing to do with the project and was more in to lounging, sleeping, and partying) to help build this house. So, as you know, in Florida there are 'loopholes' like this that people use to harbor there house from creditors while they ring up enormous charges on there credit cards. My question is this: When someone claims a partially built home as their 'primary residence' on a bankruptcy filing are they not commiting perjury and, if so, what are the possible penalties for such actions? Our three children are grown and do not live with us.

I started building this house in 1996. I thought I was going to be with her the rest of my life and retire in the home. After she had an affair with my best friend our marriage erroded and now she has got her hooks firmly planted in the home that I built. Without ANY of her help. Not even moral support. If I absolutely have to give her 50% of a home that "I" built and paid for from years of long, long days of work then I will harbor a hatred for women in general.

Why haven't you removed her from the deed or mortgage?

"Hatred for women in general" is taking it a bit too far.

You have to have a healthy respect women like you would a rattle snake or spitting cobra.

[LdiJ]

I want to add that because her name is on the home, she had absolutely no choice but to include it in the bankruptcy. If she is claiming it as her primary residence, and reaffirming any debt connected then that is actually to your advantage in many respects. It avoids the home being potentially partitioned to recoup her share of the asset on behalf of the creditors.

Again, consult an attorney ASAP. Preferibly one that handles both family law and bankruptcy (or has someone in their firm that handles bankruptcy).

[nextwife]

Originally Posted by LdiJ

I want to add that because her name is on the home, she had absolutely no choice but to include it in the bankruptcy. If she is claiming it as her primary residence, and reaffirming any debt connected then that is actually to your advantage in many respects. It avoids the home being potentially partitioned to recoup her share of the asset on behalf of the creditors.

Again, consult an attorney ASAP. Preferibly one that handles both family law and bankruptcy (or has someone in their firm that handles bankruptcy).

An uncompleted home that has not been issued an occupancy permit CANNOT be a primary residence. IT is illegal to occupy it. She is committing fraud.

[LdiJ]

Originally Posted by nextwife

An uncompleted home that has not been issued an occupancy permit CANNOT be a primary residence. IT is illegal to occupy it. She is committing fraud.

You may be right...the bankruptcy code has its own rules and then FL would have additional ones. I don't know for sure one way or the other.

However the other alternative could end up forcing the home to be sold so that the trustee could recoup her share of it. The would be grossly unfair to the OP.

[Ithildriel]

Originally Posted by LdiJ

You may be right...the bankruptcy code has its own rules and then FL would have additional ones. I don't know for sure one way or the other.

However the other alternative could end up forcing the home to be sold so that the trustee could recoup her share of it. The would be grossly unfair to the OP.

Exactly my point. The OP is wanting to catch her for fraud, but he may be cutting off his nose to spite his face. It seems to me that she did what was best for him in this situation. If she was really trying to be vindictive, I would think she would have let them take the house for repayment of her debts.