In Re Hackler

CLIVE W. BARE, Bankruptcy Judge.

The question presented is whether a husband can claim a homestead exemption in property titled in his wife’s name, and in which he owns no interest. 11 U.S.C.A. § 522(b)(2) (1979); TenmCode Ann. § 26-2-301 (1980). The facts are not in dispute.

Gene Callawy Hackler and his spouse, Maude Louise Hackler, filed a voluntary petition in bankruptcy under chapter 7 of the Bankruptcy Code on July 20, 1983. 11 U.S.C.A. § 302 (1979). Under Tenn.Code Ann. § 26-2-301 (1980), each claimed a $3,750.00 exemption in real estate located in the city of Harriman. 1 Schedule B^4.…