One issue arises in that, during the valuation of the filing debtor’s interest in the real estate, the non-filing spouse loses interest.
Suppose a bankruptcy trustee stands in the shoes of the filing debtor and has a right to seek a sale of the interest of not only the filing party but the non-filing party if they can meet a test. The most significant aspect of that test is balancing the benefits and burdens to the non-filing spouse. It would have to be relief sought through an adversary proceeding in the bankruptcy court.
For individuals that have experienced some appreciation in real estate, the trustees are looking very carefully at the valuation of the real estate. They employ a balancing test of looking at the cost of sale, trustees commissions, realtors commissions, and other things, which should be added to the amount of the secured debt or mortgage debt against the property.