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Ex-wife filing worried about my home

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    Ex-wife filing worried about my home

    My ex-wife has quit her job racked up a huge debt and is planing on filing banruptcy. My concern is that i cant remove her from my morgatge and cant refinance due to being self employed will her banruptcy effect my home?

    #2
    If you are both listed on the mortgage and note, then yes. She will be discharged from that debt and you will be solely responsible. It won't matter that her name is still on it. By yes, though, I mean that you will need to pay the mortgage and if you can't, then you will be subjected to foreclosure. I hope that you are up to date on payments.

    Bottom line is that if you are not behind in payments, then you should be perfectly fine.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Hi rgour:

      Welcome to the Forum. I moved your post from the 'BK & Credit News' forum into a thread of it's own in the 'General Bankruptcy Talk' forum. I myself, cannot offer any advice except that you may wish to to schedule three or four free consultations with BK attorneys in you area, and see what options you may have.

      Also, please give more specific information regarding both your situation and hers.
      • How long were you married?
      • How long have you been divorced?
      • What, if any, was/were the terms of the Divorce settlement?
      • What chapter of BK is she planning to file?
      • What are your potential assets--both yours and the Ex?
      • Are you a possible candidate for BK, yourself?


      More information about these items, and I am sure that I have left many out, will help the members form responses/suggestions for you.

      Lastly, do a search on this forum regarding Divorce. Divorce and filing BK are, unfortunately, such common problems, that there is a wealth of information in the Archives to search.

      My very best wishes, and welcome to the Forum!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Is she still joint on the deed to the house? Is there any equity in the house? You may want to visit with an attorney.
        Any information posted by me is for general informational purposes only. While I am an attorney, I am not YOUR attorney and any information I provide is not legal advice.

        Comment

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