What determines Equitable Interest?

[getmymoneyback]

I am a Creditor and have a large money judgment in Oklahoma against an individual debtor , for Fraud & Embezzlement - what I understand to be non-dischargeable in the event of any bankruptcy proceedings.

Prior to my lawsuit, the individual (now debtor) personally built his own residence (served as the general contractor), but titled it in his wife's name.

Because the debtor contributed time, labor to building the home, does the debtor have an equitable interest in the home that I can attach? What is the test? Does the debtor have to be on the mortgage, proven to pay the bills, etc?? thanks.

 

[seniorjudge]

Q: Because the debtor contributed time, labor to building the home, does the debtor have an equitable interest in the home that I can attach?

A: I would think so, but if you try to do so, expect a battle royale.


Q: What is the test? Does the debtor have to be on the mortgage, proven to pay the bills, etc??

A: All of those things would help show equitable interest. But the guy has absolutely nothing in his name. I'm not psychic (no one is) but I do know people.