[CLBS] Interesting house issue

[Aaron Tolson]

Husband during marriage buys Pocatello house for cash of 100,000 from
separate property sale of house in Boise.  Divorce happens 10 years later,
wife awarded Pocatello house but by divorce decree has to pay 55,000 over
180 months at 5% interest to reimburse ex-husband (house has community
mortgage of $53,000 that debtor has assumed) and debtor per tax record has
a house worth 130,000.

Wife files BK, claims homestead, trustee thinks house is worth $190,000 so
estate wants $30,000 to cash out equity.  Should wife have her exemption
impaired to cash out husband's divorce decree requirement, or is there an
equitable subordination of trustee's position to husband?

Would love to hear your thoughts, this looks like fun.

-- 
Aaron J. Tolson
2677 E. 17th St. #300
Ammon, ID. 83406
208-228-5221

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