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Re: Question for Why Chat & Poor lawyer!


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Posted by Why Chat (209.240.222.130) on August 11, 2002 at 22:11:10:

In Reply to: Re: Question for Why Chat & Poor lawyer! posted by poor laweyr on August 11, 2002 at 21:23:06:


OK "POOR" post ONE single statute from ANY State that allows for sale and division of a homestead.
Here is Ohio's Statute
11 U.S.C. § 522(d)"). With respect to homestead exemptions, Ohio law provides in pertinent part as follows:
(A) Every person who is domiciled in this state may hold property exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order as follows:
(1)(a) In the case of a judgment or order regarding money owed for health care services rendered or health care supplies provided to the person or a dependent of the person, one parcel or item of real or personal property that the person or a dependent of the person uses as a residence. Division (A)(1)(a) of this section does not preclude, affect, or invalidate the creation under this chapter of a judgment lien upon the exempted property but only delays the enforcement of the lien until the property is sold or otherwise transferred by the owner or in accordance with other applicable laws to a person or entity other than the surviving spouse or surviving minor children of the judgment debtor. Every person who is domiciled in this state may hold exempt from a judgment lien created pursuant to division (A)(1)(a) of this section the person's interest, not to exceed five thousand dollars, in the exempted property.
(b) In the case of all other judgments and orders, the person's interest, not to exceed five thousand dollars, in one parcel or item of real or personal property that the person or a dependent of the person uses as a residence.


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