Ex wife filing

[BILLG]

I have a question about post-divorce bankruptcy filing. When my divorce was finalized, I had my wifes name removed from the house title but not from the mortgage. If she files bankruptcy and her name is on my mortgage, is the court able to come after me for any money? This is her only "debt" that I share.

[JoeBankrupt33]

I take it you are living in the house, so she will discharge her portion of the debt. This means that she just won't be liable for the debt and you will have the sole responsibility for it.

[BILLG]

Is this something she does voluntarily? She wants to mess me up due to other issues in the divorce and probably will not do that unless she has to.

[jb300]

I am fairly new to all of this but my understanding is that she will have to list all her debt. The house would be considered one of her debts.

[JoeBankrupt33]

If she files, she must include all debt. I don't think there is any way a trustee would let her reaffirm that debt since she doesn't own the property. For her, this is an unsecured debt and she won't be liable for it if she gets a bankruptcy discharge.

[woeisme]

Was payment on the house part of a spousal support agreement? It is my understanding that some debts, including formal spousal (and of course child) support obligations live through the BK process. But if it was just a normal division of assets with no specifications for spousal support, you are probably out of luck if she files. You won't owe any more on the house than you currently pay, just she is no longer obligated to make any of the payments towards the house anymore.

[BILLG]

In the divorce papers, she gave me the house. The same day the papers were filed I went and had her name removed from the title. The only reason I didnt have her name removed from the mortgage is that I would have had to refinance. I had a 4.75% loan and at the time mortgages were around 6-7%.

[woeisme]

As long as you are current on the mortgage payments, it shouldn't be a problem then. You will continue to make your payments as normal, and the house will continue to be yours. Believe me, the bank wants your $, not the house, and they can't foreclose if it's not in arrears.

[LuciluS]

It was stated in my Divorce Decree in April 2003, I was responsible for XYZ credit card as, at the time I left him, only CC without a balance. We were married for 32 1/2 yrs.

He and I, both, thought we had filed the proper papers in 2005 to remove his name & add my new husband to it. I did Paperless Statements and used mycheckfree.com to pay our bills. I never looked at the top & to be honest, not sure it was shown. I don't care how Green this Nation goes, I will never do Paperless Statements even with my Utilities.

Fast foward to 9/09 & realized we were in financial trouble. Met with an Attorney and he wanted me to 'put the screws to my ex-husband (btw, A Vice President of a Bank' as he would be responsible for it once we quit paying on it. Attorney stated there was not a Trustee who would honor that statement in my Divorce Decree. Attempted to remove his name..Too Late!!

Hmmm, long story short, my twin sister's husband died & she married my Ex in 1/09. Even, if my sister, hadn't married my ex I wouldn't do that to him. We have a son together & 3 precious grandchildren.

Sis paid it off (late 11/08) to the tune of approx. $22,500. Now, I will pay Sis, after we file 9/09, all the money I have leftover each month and she is not charging me interest either. Hoping to exempt our 2009 Tax Refund and give her that too.

Luci

[JRScott]

It won't hurt you. Basically as explained her obligation in the debt will be absolved, she won't have a choice since its not a secured debt. This will not affect your obligation, interest rate or title, at least it shouldn't.

On the loan is she the primary signature or where you?

[BILLG]

Thanks for the info. I am the primary signature on the loan.

[JRScott]

Then it shouldn't affect it in any way.