Can a person file for bankruptcy and include the house if the ex wife is still owner

[915855]

This is what is happening to my sister and I wanted to know if someone has gone through this and if they could give her some advice on how to handle this. My sister got divorced from her ex husband about one year ago after about 20+ years of being married. In the divorce settlement, it states that he was supposed to get the house and all the debt that was accrued throughout the marriage. She only kept her truck but he was the cosignor. In the divorce settlement it states that he was supposed to have my sister sign some paperwork transferring full ownership of the house to his name and he was supposed to sign paper work for her to keep the truck. He was supposed to have this done through his attorney and it was already paid for. Some how he never did that and he stopped paying the mortgage and eventually filed for chapter 13 bankruptcy. My sister did not know that he filed for bankruptcy and when she tried to apply for a loan it showed in her credit report that she had bad credit since the house was still under her name and her ex had not paid the mortgagge for months. She eventually got a letter from her insurance company stating that there was a bankruptcy adjustment on her account. My question is, when someone files for bankruptcy and the house is under both my sisters name and her ex's name, do they both need to sign in order to include the house into bankruptcy. Also, how can she take her name out of his debt since in the divorce settlement it states that he is clearly responsible for everything. My sister did not have a lawyer when she got divorced so this guy kind of screwed her over making her think that she could not pay for the house. Once she moved out he moved his mistress into the house and from that point on he has just been screwing her over and over again. Any information that anyone gives me I will greatly appreciate. Thanks.

[edwards2]

I dont understand how he could have filed Bk w/o her signature since they were both jointly responsible. Your sister needs to consult a lawyer; the consultation is free. It is too bad your sister believed her ex instead of making sure legally that she was protected. Since she did not have legal representation apparently she did get the short end of the deal. A lawyer can advise her on what obligations she may/may not be responsible for. Just because the ex says she is or isnt means nothing. She can make sure whatever creditors are involved are notified about what her ex is responsible for paying. I have to admit I cannot understand how her ex pulled off a Chapter 13 w/o her signature. Is she signed on any other loans/credit cards? Please advise her to consult legal counsel asap.

[915855]

I dont understand how he could have filed Bk w/o her signature since they were both jointly responsible. Your sister needs to consult a lawyer; the consultation is free. It is too bad your sister believed her ex instead of making sure legally that she was protected. Since she did not have legal representation apparently she did get the short end of the deal. A lawyer can advise her on what obligations she may/may not be responsible for. Just because the ex says she is or isnt means nothing. She can make sure whatever creditors are involved are notified about what her ex is responsible for paying. I have to admit I cannot understand how her ex pulled off a Chapter 13 w/o her signature. Is she signed on any other loans/credit cards? Please advise her to consult legal counsel asap.

I wanted to thank you for taking the time to answer my question. What kind of attorney should she get to sort out this mess. Should she consult a bankruptcy attorney? Thanks again.

[debtisbad]

Actually, I can see how this could happen. Her name is on the mortgage. He files BK and it would go against her credit since mortgage was not paid. Now, had he filed for BK and reaffirmed the mortgage, kept paying it, then her credit would have remained intact. Not sure, but even if he did not reaffirm it should not have affected her credit. The problem lies in the fact that the mortgage payments were late. The thing I have learned through this process, is that mortgage payments carry far more weight than anything else. You can be late on a credit card, but God forbid you are late on your mortgage. 2 years ago, I was a commission sales rep. I would get a huge commission check and then pay my mortgage up for about 4-5 months. Well, I happened to loose track of payments. I had paid 4 months but thought I paid 5. Wells Fargo came after me with a vengeance. Never mind I had paid them all that $$ so far in advance. They did not care. Only cared that I was late on that 5th month payment. I learned my lesson.

[DOA]

debtisbad is right. Mortgage is key. I went one day over 30 on my mortgage TECHNICALLY when we refied some years ago. We closed on the 30th day, and the note was PAID OFF on the 31st day, but they would not relent and still showed me past 30 days and then the note paid in full.

[915855]

Has someone actually gone through a divorce and had the same situation where your spouse kept the house and he was supposed to take your name out of the title but didn't and then filed for bankruptcy. Since the title is in both their names and any payments that he misses will reflect in my sisters credit report. How can she fix this? Who does she hire? She never signed any paperwork with her ex's bankruptcy lawyer to include the house in his bankruptcy. Could it be possible for a bk lawyer to only have one signature to include the house or did her ex forge her signature and is it possible. Thanks in advance.