When a husband and wife file a joint petition for a homestead exemption, does it matter that they are married?
federal, United States of America
The following excerpt is from In re Rowe, 236 BR 11 (B.A.P. 9th Cir. 1999):
It also makes no difference that the Rowes divorced after filing their joint petition. The nature and extent of exemptions is determined as of the date the petition is filed. See Harris v. Herman (In re Herman), 120 B.R. 127, 130 (9th Cir. BAP 1990). Here, when the Rowes filed their joint petition, they were married. Thus they are limited to one homestead exemption.
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