Is is possible for only myself to be discharged from the mortgage?

[cupcake]

My husband and I have a mortgage on our home in both our names. I filed for divorce and moved out; my husband wants to keep the house and continue making the mortgage payments. I moved out because I want nothing to do with keeping the house - he can have it. For obvious reasons, my divorce attorney wants my name off the mortgage but there's no way my husband will be able to refinance or get an assumption of liability at this point because of his income-to-debt ratio and because CC bills are now not being paid.

We are both filing CH 7 individually. Can I list the mortgage company as a creditor and not reaffirm to get my name off it, but still keep the house available for him? I want him to be able to stay in the house but I also don't want my name on the mortgage any longer than it has to be.

Thanks.

[keepmine]

We are both filing CH 7 individually. Can I list the mortgage company as a creditor and not reaffirm to get my name off it, but still keep the house available for him? I want him to be able to stay in the house but I also don't want my name on the mortgage any longer than it has to be.

Filing bk won't get your name off the mortgage but, it means you no longer have any liability for the debt.

[myid4u2c]

I have the same situation except it is an ex-wife. While your name is still on the mortgage you will have no liability for the mortgage. The mortgage company can not report it on your credit report or make any effort to collect the debt one discharged. The mortgage company must report it as included in BK with no balance.

[TEW]

cupcake
In PA anyway not sure of your state you would then need ot do a quick deed to turn the house over to him

[cupcake]

Filing bk won't get your name off the mortgage but, it means you no longer have any liability for the debt.

Will it automatically shift the mortgage responsibility onto him if he wants to reaffirm it?

[cupcake]

cupcake
In PA anyway not sure of your state you would then need ot do a quick deed to turn the house over to him

It's not the title to the house that I am concerned about; it's the mortgage. Actually, my name isn't even on the deed. He bought the house before we were married and when we refinanced a few years ago I was included on the mortgage.

[TEW]

if he reaffirms, but why would you care what he does with it

[cupcake]

if he reaffirms, but why would you care what he does with it

That is kind of what I was unsure about. If he reaffirms am I off the hook? Sounds like yes.

[TEW]

If the mortgage is included in your BK the other signer is responsible. He does not have to reaffirm unless it is required in your state. It turns into you pay you stay.
But get your name off that deed for liability resins.

[keepmine]

That is kind of what I was unsure about. If he reaffirms am I off the hook? Sounds like yes.

It does not matter if he reaffirms or not. If you list the mortgage holder as a creditor, your obligation is discharged.

[cupcake]

Great news! Thank you so much!!