Ex is filing bankruptcy

[blhiggins]

Hi,
I'm legally separated in Maryland and my estranged husband who lives in Virginia is planning to claim chapter 7 to include the marital property. He has never lived in the house or paid the mortgage. I have paid the mortgage solely and on time. What can I do to keep my house and how will his bankruptcy affect me?
Also, the property has equity and I planned to refinance, but I will be hit with a pre-penalty if I refi early.

Immediate advice would be greatly appreciated.

[JRScott]

Hi,
I'm legally separated in Maryland and my estranged husband who lives in Virginia is planning to claim chapter 7 to include the marital property. He has never lived in the house or paid the mortgage. I have paid the mortgage solely and on time. What can I do to keep my house and how will his bankruptcy affect me?
Also, the property has equity and I planned to refinance, but I will be hit with a pre-penalty if I refi early.

Immediate advice would be greatly appreciated.

You probably should go talk to a lawyer. It might be necessary for you to file divorce and contest his ownership of the property in order to save it but I'm not entirely sure.

[SinkingFast]

Hi BL! Welcome to the Forum!

When you wanna ask a question, please don't boot an old thread. Especially threads from 2005 and before. The BK Law changed and many answers are different now. Just start a new thread.

I moved your post and the associated responses so your question will get more attention.

Also, please refer to the Forum Rules posted at the top of each and every Section of the Forum.

In Divorce situations, it's usually easier to file BK after the Divorce is finalized. Then there's a Divorce Decree stating a clear division of marital assets and debts.

You might wanna schedule a Consult with an attny to review your options in this situation.